Aziz v Ramadhar
Motion No: 2017-07101
Slip Opinion No: 2017 NY Slip Op 87878(U)
Decided on October 4, 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

M238882

E/sl

RANDALL T. ENG, P.J.

SHERI S. ROMAN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2017-07101

Shazm Aziz, appellant,

v Dolmattee Ramadhar, respondent.

(Index No. 700992/16)

DECISION & ORDER ON MOTION

Motion by the appellant to stay his eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 29, 2017, and to consolidate the above-entitled action with a certain summary proceeding pending in the Civil Court of the City of New York, Queens County.

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 an order that is 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.

ENG, P.J., ROMAN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court