| Tab Suffolk Acquisitions, LLC v Heather Samuelsen & Timothy Samuelsen |
| Motion No: 2019-00581 SC |
| Slip Opinion No: 2019 NY Slip Op 69309(U) |
| Decided on April 25, 2019 |
| 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 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| TAB Suffolk Acquisitions, LLC, Respondent, v Heather Samuelsen and Timothy Samuelsen, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Sixth District, entered January 30, 2019.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED, on the court's own motion, that the appeal is dismissed, as any right of direct appeal from the order terminated with the entry of a final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]). In addition, the order appealed from did not determine a motion made on notice and thus is not appealable as of right (see UDCA 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.
CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served."
ENTER:
Paul Kenny
Chief Clerk