| Leonardi v Yu Qiang Wu |
| Motion No: 2024-00296 |
| Slip Opinion No: 2024 NY Slip Op 65356(U) |
| Decided on April 5, 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
M295475
AFA/
HECTOR D. LASALLE, P.J.
JOSEPH J. MALTESE
LARA J. GENOVESI
LAURENCE L. LOVE, JJ.
|
2024-00296 Gary Leonardi, et al., respondents, v Yu Qiang Wu, appellant, et al., defendants. (Index No. 1137/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated November 8, 2023. Motion by the appellant, in effect, to stay enforcement of the order, 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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, 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 we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
LASALLE, P.J., MALTESE, GENOVESI and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court