Appellate Division: Second Judicial Department

M273550

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2020-06686, 2020-06688, 2020-07706 Isaac Paschalidis, etc., respondent, v James Meskouris, et al., appellants. (Index No. 709529/2020)

DECISION & ORDER ON MOTION

Motion by James Meskouris, Peter G. Meskouris, Airline Restaurant Corp., and Apopeso, Inc., for leave to appeal to this Court from an order to show cause of the Supreme Court, Queens County, dated August 24, 2020, and the denial of an application to sign an order to show cause of the same court which occurred on September 2, 2020, in effect, to stay enforcement of the temporary restraining order contained in the order to show cause, pending hearing and determination of the appeals, and to set a briefing schedule. Application by James Meskouris, Peter G. Meskouris, Airline Restaurant Corp., and Apopeso, Inc., pursuant to CPLR 5704 to review the denial of the application to sign an order to show cause on September 2, 2020.

Upon the papers filed in support of the motion and the application, 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 the appeals purportedly taken as of right are dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the application is denied.

RIVERA, J.P., CHAMBERS, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court