Opinion
Motion No. 2024-00296 Index No. 1137/2014
04-05-2024
Gary Leonardi, et al., respondents, v. Yu Qiang Wu, appellant, et al., defendants.
Unpublished Opinion
MOTION DECISION
M295475
HECTOR D. LASALLE, P.J., JOSEPH J. MALTESE, LARA J. GENOVESI, LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Queens County, dated November 8, 2023. Motion by the appellant, in effect, to stay enforcement of the order, pending hearing and determination of the appeal.
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 appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 A.D.2d 589), and we decline to grant leave to appeal; and it is further, ORDERED that the motion is denied as academic.
LASALLE, P.J., MALTESE, GENOVESI and LOVE, JJ., concur.