| Scarola v Bernard |
| Motion No: 2024-04843 |
| Slip Opinion No: 2024 NY Slip Op 76298(U) |
| Decided on October 11, 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
M299924
KS/
FRANCESCA E. CONNOLLY, J.P.
WILLIAM G. FORD
HELEN VOUTSINAS
PHILLIP HOM, JJ.
|
2024-04843 Leonard Scarola, etc., et al., respondents, v Lawrence Bernard, etc., et al., appellants, et al., defendants. (Index No. 612520/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated April 2, 2024. Motion by the appellants to stay enforcement of the order, pending hearing and determination of the appeal. Cross-motion by the respondents to dismiss the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice.
Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the cross-motion is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the motion is denied as academic.
CONNOLLY, J.P., FORD, VOUTSINAS and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court