| Yong Hong Xie v Lan Chen |
| Motion No: 2022-08158 |
| Slip Opinion No: 2023 NY Slip Op 65039(U) |
| Decided on April 14, 2023 |
| 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
M288438
AFA/
COLLEEN D. DUFFY, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
PAUL WOOTEN, JJ.
|
2022-08158 Yong Hong Xie, respondent, v Lan Chen, et al., appellants, et al., defendant. (Index No. 720003/2019)
| DECISION & ORDER ON MOTION |
2022-09933
Yong Hong Xie, respondent,
v Lan Chen, et al., appellants,
et al., defendant.
(Index No. 720003/2019)
Appeals from two orders of the Supreme Court, Queens County, dated August 30, 2022, and December 5, 2022, respectively. By decision and order on motion of this Court dated November 23, 2022, the appellants' motion to stay enforcement of the order dated August 30, 2022, pending hearing and determination of that appeal, and for a preference in the calendaring of the appeal from the order dated August 30, 2022, was denied. Motion by the appellants to stay enforcement of the order dated December 5, 2022, pending hearing and determination of the appeals, for a preference in the calendaring of the appeal from the order dated December 5, 2022, and in effect, for leave to renew their motion to stay enforcement of the order dated August 30, 2022, pending hearing and determination of that appeal, and for a preference in the calendaring of the appeal from the order dated August 30, 2022.
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 dated December 5, 2022, 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 branches of the motion which are to stay enforcement of the order dated December 5, 2022, and for a preference in the calendaring of the appeal from the order dated December 5, 2022, are denied as academic; and it is further,
ORDERED that the branch of the motion which is for leave to renew the motion to stay enforcement of the order dated August 30, 2022, pending hearing and determination of that appeal, and for a preference in the calendaring of the appeal from the order dated August 30, 2022, is denied.
DUFFY, J.P., CHAMBERS, MALTESE and WOOTEN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court