Matter of ANO, Inc. v Goldberg
Motion No: 2020-05791
Slip Opinion No: 2020 NY Slip Op 70732(U)
Decided on August 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M272636

E/jr

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2020-05791

In the Matter of ANO, Inc., etc., petitioner-

respondent, v Oded Goldberg, et al., appellants,

et al., respondents.

(Index No. 601079/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated July 9, 2020. Motion by Oded Goldberg and Goldberg Commodities, Inc., for leave to appeal to this Court from the order dated July 9, 2020, and to stay enforcement of the order, 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 the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements 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 otherwise denied as academic.

LEVENTHAL, J.P., MILLER, IANNACCI and WOOTEN, JJ.

ENTER:

Aprilanne Agostino

Clerk of the Court