| Matter of Astoria Atlas Holdings, LLC v Acropolis Gardens Realty Corp. |
| Motion No: 2018-02212 |
| Slip Opinion No: 2018 NY Slip Op 67454(U) |
| Decided on March 20, 2018 |
| 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
M247726
E/afa
WILLIAM F. MASTRO, J.P.
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2018-02212 In the Matter of Astoria Atlas Holdings, LLC, et al., petitioners-respondents, v Acropolis Gardens Realty Corp., appellant, Metropolitan Pacific Properties, Inc., et al., respondents- respondents. (Index No. 708113/17)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of certain subpoenas, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 15, 2018.
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.
MASTRO, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court