| Linden Plaza Preserv., L.P. v Terrell Costa |
| Motion No: 2023-00916 KC |
| Slip Opinion No: 2024 NY Slip Op 65457(U) |
| Decided on March 21, 2024 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
WAVNY TOUSSAINT, P.J.
CHEREÉ A. BUGGS
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| Linden Plaza Preservation, L.P., Respondent, v Terrell Costa, Appellant and "J" "Doe", Undertenant. |
Motion by appellant for a stay of trial pending determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated April 26, 2023.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal as of right lies from an order that does not determine a motion made on notice (see CCA 1702 [a] [2]; Sholes v Meagher, 100 NY2d 333 [2003]), and leave to appeal has not been granted; and it is further,
ORDERED that appellant's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk