| Board of Directors of Harbour Pointe at Arverne by the Sea Home Owne |
| Motion No: 2020-02373 |
| Slip Opinion No: 2020 NY Slip Op 67481(U) |
| Decided on June 24, 2020 |
| 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
M271511
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2020-02373 Board of Directors of Harbour Pointe at Arverne by the Sea Home Owners Association I, Inc., appellant, v Yvonne Archer, respondent, et al., defendants. (Index No. 706409/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, entered January 7, 2020. Motion by the appellant to stay a hearing on the issue of whether the respondent made certain required payments for assessments, pending hearing and determination of the appeal.
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, as no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., ROMAN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court