| 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. |
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