Opinion
Motion No. 2023-00916 KC
03-21-2024
Linden Plaza Preservation, L.P., Respondent, v. Terrell Costa, Appellant and "J" "Doe", Undertenant.
Unpublished Opinion
MOTION DECISION
WAVNY TOUSSAINT, P.J., CHEREÉ A. BUGGS, LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay of trial pending determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated April 26, 2023.
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]; Sholes v Meagher, 100 N.Y.2d 333 [2003]), and leave to appeal has not been granted; and it is further, ORDERED that appellant's motion is denied as moot.