| Hudson Petroleum Realty, LLC v Sadeen Corp. |
| Motion No: 2018-01062 KC |
| Slip Opinion No: 2018 NY Slip Op 79034(U) |
| Decided on July 17, 2018 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Hudson Petroleum Realty, LLC, Respondent, v Sadeen Corp., Appellant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated March 16, 2018. The order granted an oral application by respondent for the payment of use and occupancy.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal as of right lies from an order that does not determine a motion made on notice (CCA 1702 [a] [2]; New Century Osteopathic v State Farm Fire & Cas. Ins. Co., 22 Misc 3d 126[A], 2008 NY Slip Op 52584[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2008]), and leave to appeal has not been granted; and it is further,
ORDERED that appellant's motion is denied as academic.
CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served." Appellant's remedy, if it be so advised, is to make a written motion in the Civil Court to set aside the March 16, 2018 order and, if necessary, to appeal from the order determining that motion.
ENTER:
Paul Kenny
Chief Clerk