| FPG CH 94, LLC v Pizzarotti, LLC |
| Motion No: 2024-10710 |
| Slip Opinion No: 2025 NY Slip Op 60018(U) |
| Decided on January 3, 2025 |
| 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
M301798
AFA/
MARK C. DILLON, J.P.
DONNA-MARIE E. GOLIA
JAMES P. MCCORMACK
PHILLIP HOM, JJ.
|
2024-10710 FPG CH 94, LLC, respondent, v Pizzarotti, LLC, appellant (and a third-party action). (Index No. 512149/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated September 25, 2024. Motion by the appellant 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 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.
DILLON, J.P., GOLIA, MCCORMACK and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court