| 70-35 113th St. Holdings, LLC v Auberge Grand Central, LLC |
| Motion No: 2020-09424 |
| Slip Opinion No: 2021 NY Slip Op 60538(U) |
| Decided on January 15, 2021 |
| 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
M275059
E/sl
LEONARD B. AUSTIN, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
|
2020-09424, 2020-09425 70-35 113th St. Holdings, LLC, appellant, v Auberge Grand Central, LLC, respondent, et al., defendant. (Index No. 707503/2015)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Queens County, entered December 14, 2020, and a judgment of the same court entered December 15, 2020. Motion by the appellant to stay enforcement of the judgment and the order, reinstate a certain notice of pendency, and enjoin the transfer, conveyance, or encumbrance of the subject real property, pending hearing and determination of the appeals.
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.
AUSTIN, J.P., MILLER, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court