Matter of Castorina v De Blasio
Motion No: 2017-03740
Slip Opinion No: 2017 NY Slip Op 73217(U)
Decided on May 9, 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

M230605

E/afa

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2017-03740

In the Matter of Ronald Castorina, et al., appellants,

v Bill De Blasio, et al., respondents.

(Index No. 80258/16)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Richmond County, dated April 3, 2017, pending hearing and determination of an appeal 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 appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 and leave to appeal has not been granted (see CPLR 5701[b][1]); and it is further,

ORDERED that the motion is denied as academic.

DILLON, J.P., HINDS-RADIX, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court