Opinion
2016-03285 2016-03286
05-17-2016
Michael Meagher, et al., plaintiffs-respondents, v. Drew Doscher, appellant, 148 South Emerson Partners, LLC, defendant-respondent; Charles Russo, nonparty-respondent. Michael J. Meyer, etc., et al., plaintiffs-respondents, v. 148 South Emerson Associates, LLC, defendant-respondent, Drew Doscher, appellant; Charles Russo, nonparty-respondent.
M211631
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
SHERI S. ROMAN
FRANCESCA E. CONNOLLY, JJ.
(Index No. 68379/14)
DECISION & ORDER ON MOTION
Motion by Drew Doscher for leave to appeal to this Court from an order to show cause of the Supreme Court, Suffolk County, dated March 16, 2016, and an order of the same court dated March 29, 2016, and, inter alia, to stay enforcement of a temporary restraining order contained in the order to show cause, pending hearing and determination of the appeal from the order to show cause.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from the order to show cause dated March 16, 2016, is denied; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the order to show cause dated March 16, 2016, is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of a temporary restraining order contained in the order to show cause dated March 16, 2016, is denied as academic; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the order dated March 29, 2016, is denied as unnecessary as that order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., BALKIN, ROMAN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court