| Jenny Cho v HJB of Bayside Corp. |
| Motion No: 2023-08926 |
| Slip Opinion No: 2024 NY Slip Op 62719(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. |
Appellate Division: Second Judicial Department
M294289
AFA/
ANGELA G. IANNACCI, J.P.
PAUL WOOTEN
DEBORAH A. DOWLING
LILLIAN WAN, JJ.
|
2023-08926 Jenny Cho, respondent, v HJB of Bayside Corp., et al., defendants, Andrew J. Han, appellant. (Index No. 715421/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated May 4, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant for leave to appeal to this Court from the order, for a preference in the calendaring of the appeal, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this Court from the order is denied as unnecessary as the order was properly taken as of right (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied as academic as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).
IANNACCI, J.P., WOOTEN, DOWLING and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court