| State Farm Mut. Auto. Ins. Co., As Subrogee of Samantha Shum v Roman Pakov & Peaboo Allicock |
| Motion No: 2021-00386 QC |
| Slip Opinion No: 2022 NY Slip Op 61465(U) |
| Decided on February 4, 2022 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
MICHELLE WESTON, J.P
WAVNY TOUSSAINT
DONNA-MARIE GOLIA, JJ.
DECISION & ORDER ON MOTION
| State Farm Mutual Automobile Insurance Company, as Subrogee of Samantha Shum, Respondent, v Roman Pakov and Peaboo Allicock, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from a "pre-trial decision and order" of the Civil Court of the City of New York, Queens County, dated July 9, 2021.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal as of right lies from an order that does not determine a motion made on notice (see CCA 1702 [a] [2]; New Century Osteopathic v State Farm Fire & Cas. Ins. Co., 22 Misc 3d 126[A], 2008 NY Slip Op 52584[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2008]), and leave to appeal has not been granted; and it is further,
ORDERED that appellants' motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk