Coney on the Park, LLC v. Park Circle, LLC

Full title: Coney on the Park, LLC, respondent, v. Park Circle, LLC, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Sep 6, 2011

Motion No: 2011-03692 (N.Y. App. Div. Sep. 6, 2011)

Opinion

Motion No: 2011-03692 2011-03694 Index No. 10851/10 M125359

09-06-2011

Coney on the Park, LLC, respondent, v. Park Circle, LLC, appellant.

WILLIAM F. MASTRO

, J.P.

PETER B. SKELOS

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated April 30, 2010, and February 4, 2011, respectively, inter alia, to vacate a temporary restraining order contained in the order dated April 30, 2010, pending hearing and determination of the appeals.

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 appeals are dismissed, without costs or disbursements, as the orders are not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,

ORDERED that the motion is denied as academic.

MASTRO, J.P., SKELOS, DICKERSON and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court