| Disa Realty, Inc. v Rao |
| Motion No: 2018-05660 |
| Slip Opinion No: 2019 NY Slip Op 62953(U) |
| Decided on February 8, 2019 |
| 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
M260036
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2018-05660 Disa Realty, Inc., respondent, v Kishor Rao, etc., appellant, et al., defendants. (Index No. 9880/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to stay the sale of the subject premises, pending hearing and determination of, inter alia, an appeal from a decision of the Supreme Court, Queens County, dated March 22, 2018. Separate motion by the appellant pro se to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g) and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion to stay the sale of the subject premises and the papers filed in opposition thereto, and upon the papers filed in support of the motion to waive certification of the appellant's appendix and to extend the time to perfect the appeal and no papers having been filed in opposition or in relation 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 from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the motions are denied as academic.
DILLON, J.P., LEVENTHAL, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court