| Machon Chana Women's Institute Inc v Spalter |
| Motion No: 2024-09665 |
| Slip Opinion No: 2024 NY Slip Op 81051(U) |
| Decided on December 27, 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
M301717
AFA/
VALERIE BRATHWAITE NELSON, J.P.
HELEN VOUTSINAS
LILLIAN WAN
LAURENCE L. LOVE, JJ.
|
2024-09665 Machon Chana Women's Institute Inc., respondent, v Yosef Spalter, et al., appellants, et al., defendants. (Index No. 509876/2017)
| DECISION AND ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated August 28, 2024. Motion by the appellant 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 is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
BRATHWAITE NELSON, J.P., VOUTSINAS, WAN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court