Opinion
Motion No: 2018-01062 KC
07-17-2018
Hudson Petroleum Realty, LLC, Respondent, v. Sadeen Corp., Appellant, et al., Undertenants.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated March 16, 2018. The order granted an oral application by respondent for the payment of use and occupancy.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal as of right lies from an order that does not determine a motion made on notice (CCA 1702 [a] [2]; New Century Osteopathic v State Farm Fire & Cas. Ins. Co., 22 Misc 3d 126[A], 2008 NY Slip Op 52584[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2008]), and leave to appeal has not been granted; and it is further,
ORDERED that appellant's motion is denied as academic.
CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served." Appellant's remedy, if it be so advised, is to make a written motion in the Civil Court to set aside the March 16, 2018 order and, if necessary, to appeal from the order determining that motion.
ENTER:
Paul Kenny
Chief Clerk