Capital v Lawrence
Motion No: 2023-06852
Slip Opinion No: 2024 NY Slip Op 62707(U)
Decided on February 21, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M294354

ID/

ROBERT J. MILLER, J.P.

LARA J. GENOVESI

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2023-06852

Victoria Capital, appellant,

v Marcia Lawrence, respondent, et al.,

defendants.

(Index No. 521635/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 16, 2023. Motion by the respondent to dismiss the appeal on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

MILLER, J.P., GENOVESI, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court