255 Butler Associates, LLC v 255 Butler, LLC
Motion No: 2017-03152
Slip Opinion No: 2017 NY Slip Op 70318(U)
Decided on April 13, 2017
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M229375

E/sl

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2017-03152, 2017-03154

255 Butler Associates, LLC, respondent,

v 255 Butler, LLC, appellant.

(Index No. 511560/15)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of two orders of the Supreme Court, Kings County, dated March 7, 2017, and March 23, 2017, respectively, pending hearing and determination of appeals therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeals are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from orders that are not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied as academic.

HALL, J.P., SGROI, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court