| Liotti v Atlantic Beach Club, Inc. |
| Motion No: 2021-02744 |
| Slip Opinion No: 2021 NY Slip Op 66515(U) |
| Decided on May 21, 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
M277192
E/sl
CHERYL E. CHAMBERS, J.P.
HECTOR D. LASALLE
BETSY BARROS
PAUL WOOTEN, JJ.
|
2021-02744, 2021-02745, 2021-03448 Thomas F. Liotti, respondent, v Atlantic Beach Club, Inc., etc., appellant. (Index No. 606200/2020)
| DECISION & ORDER ON MOTION |
Appeals from an order to show cause of the Supreme Court, Nassau County, dated February 9, 2021, and an order of the same court dated April 9, 2021, respectively. Application by Atlantic Beach Club, Inc., pursuant to CPLR 5704, to vacate or modify a temporary restraining order contained in the order to show cause. Motion by Atlantic Beach Club, Inc., inter alia, to stay enforcement of the temporary restraining order contained in the order to show cause, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeals are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from orders that are 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 application is denied; and it is further,
ORDERED that the motion is denied as academic.
CHAMBERS, J.P., LASALLE, BARROS and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court