| Mirbourne NPN 2 LLC v Walker |
| Motion No: 2023-03646 |
| Slip Opinion No: 2023 NY Slip Op 75688(U) |
| Decided on October 25, 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
M291828
AFA/
MARK C. DILLON, J.P.
ROBERT J. MILLER
PAUL WOOTEN
DEBORAH A. DOWLING, JJ.
|
2023-03646 Mirbourne NPN 2 LLC, appellant, v Van Douglas Walker, respondent, et al., defendants. (Index No. 510700/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated December 23, 2022. Motion by the appellant, inter alia, to vacate a temporary restraining order granted in the order.
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 is dismissed on the ground that the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., MILLER, WOOTEN and DOWLING, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court