Opinion
Motion 2021-00386 QC
02-04-2022
State Farm Mutual Automobile Insurance Company, as Subrogee of Samantha Shum, Respondent, v. Roman Pakov and Peaboo Allicock, Appellants.
Unpublished Opinion
MOTION DECISION
MICHELLE WESTON, J.P, WAVNY TOUSSAINT, DONNA-MARIE GOLIA, JJ.
DECISION & ORDER ON MOTION
Motion by appellants for a stay pending the determination of an appeal from a "pre-trial decision and order" of the Civil Court of the City of New York, Queens County, dated July 9, 2021.
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 (see 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 appellants' motion is denied as moot.