MTGLQ Investors v Roma 26
Motion No: 2025-01300
Slip Opinion No: 2025 NY Slip Op 66529(U)
Decided on April 11, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M304274

KS/

HECTOR D. LASALLE, P.J.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2025-01300

MTGLQ Investors, appellant, v Roma 26,

et al., respondents, et al., defendants.

(Index No. 520408/2018)

DECISION & ORDER ON MOTION

2025-02356

MTGLQ Investors, L.P., appellant, v Roma 26

Corporation, et al., respondents, et al., defendants.

(Index No. 520408/2018)

Appeals from a decision of the Supreme Court, Kings County, dated January 28, 2025, and a judgment of the same court dated February 26, 2025. Motion by the appellant to stay enforcement of the decision, pending hearing and determination of that appeal. Separate motion by the appellant to stay enforcement of the judgment, pending hearing and determination of that appeal.

Upon the papers filed in support of the motion to stay enforcement of the decision and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion to stay enforcement of the judgment and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion to stay enforcement of the decision, pending hearing and determination of that appeal, is denied as academic; and it is further,

ORDERED that the motion to stay enforcement of the judgment, pending hearing and determination of that appeal, is denied.

LASALLE, P.J., BRATHWAITE NELSON, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court