| Giuliano McDonnell & Perrone, LLP v Merchant Cash and Capital, LLC |
| Motion No: 2019-04362 |
| Slip Opinion No: 2019 NY Slip Op 71193(U) |
| Decided on May 24, 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
M263006
E/mm
ALAN D. SCHEINKMAN, P.J.
MARK C. DILLON
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2019-04362, 2019-04363 Giuliano McDonnell & Perrone, LLP, respondent, v Merchant Cash and Capital, LLC, appellant. (Index No. 609663/17)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, entered March 27, 2019, and a judgment of the same court dated April 19, 2019, pending hearing and determination of appeals therefrom.
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 order 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.
SCHEINKMAN, P.J., DILLON, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court