Tacfield Assoc., LLC v Louise Harrison
Motion No: 2016-02782 KC
Slip Opinion No: 2017 NY Slip Op 69620(U)
Decided on March 30, 2017
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2016-02782 K C
Tacfield Associates, LLC, Appellant, v Louise Harrison, Respondent.

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated July 15, 2016. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.

Upon the papers filed in support of the motions, it is

ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,

ORDERED, on the court's own motion, that the appeal is dismissed on the ground that no appeal as of right lies from an order determining an oral motion (CCA 1702 [a] [2]; CPLR 2211; New Century Osteopathic v State Farm Fire & Cas. Ins. Co., 22 Misc 3d 126[A], 2008 NY Slip Op 52584[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2008]); and it is further,

ORDERED that appellant's motion and respondent's motion are denied as academic.

ENTER:

Paul Kenny

Chief Clerk