| Lambro Industries, Inc. v Chai Foundation, Inc. |
| Motion No: 2020-08777 |
| Slip Opinion No: 2021 NY Slip Op 60545(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
M275060
E/sl
LEONARD B. AUSTIN, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2020-08777 Lambro Industries, Inc., appellant, v Chai Foundation, Inc., respondent. (Index No. 612101/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated November 23, 2020. Motion by the appellant to enjoin the respondent from holding a special election for directors and from taking any action to remove or replace the appellant's officers, directors, or management.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appeal 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.
AUSTIN, J.P., MILLER, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court