| Aries Financial, LLC v 12005 142nd Street, LLC |
| Motion No: 2013-06779 |
| Slip Opinion No: 2017 NY Slip Op 93235(U) |
| Decided on November 24, 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. |
Appellate Division: Second Judicial Department
M241718
E/ct
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2013-06779 Aries Financial, LLC, respondent, v 12005 142nd Street, LLC, et al., appellants, et al., defendants. (Index No. 28384/08)
| DECISION & ORDER ON MOTION |
2017-08797, 2017-08798
Aries Financial, LLC, appellant-respondent,
v 12005 142nd Street, LLC, et al., respondents-
appellants, et al., defendants.
(Index No. 28384/08)
2017-09802
Aries Financial, LLC, appellant-respondent,
v 12005 142nd Street, LLC, et al., respondents-
appellants, et al., defendants.
(Index No. 28384/08)
Motion by Aries Financial, LLC, on (1) an appeal from an order of the Supreme Court, Queens County, entered July 11, 2012, which was determined by a decision and order of this Court dated April 15, 2015, (2) an appeal from a decision of the same court entered March 21, 2017, (3) an appeal and cross appeal from an order of the same court entered June 27, 2017, and (4) an appeal and a cross appeal from a judgment of the same court entered August 9, 2017, to stay enforcement of the judgment pending hearing and determination of the appeal and cross appeal from the judgment, and for leave to appeal to the Court of Appeals from the judgment, the decision and order dated April 15, 2015, the decision, and the order entered June 27, 2017.
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 from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that on the Court's own motion, the appeal and cross appeal from the order entered June 27, 2017, are 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 to this Court has not been granted; and it is further,
ORDERED that the motion is denied.
BALKIN, J.P., HALL, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court