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Stessa Corp. v. 97-02 Roosevelt Ave. LLC

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Aug 16, 2011
No. M124501 (N.Y. App. Div. Aug. 16, 2011)

Opinion

Motion No: 2011-06371 2011-06375 2011-06376 Index No. 7658/11 M124501

08-16-2011

Stessa Corp., et al., respondents, v. 97-02 Roosevelt Avenue, LLC, et al., appellants.


, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from three orders of the Supreme Court, Queens County, dated March 29, 2011, June 1, 2011, and June 13, 2011, respectively, to vacate the temporary restraining order contained in the order dated March 29, 2011, as amended by the order dated June 1, 2011, or to fix an undertaking pursuant to CPLR 6312(b), and to stay enforcement of stated portions of the order dated June 13, 2011, 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 from the orders dated March 29, 2011, and June 1, 2011, respectively, and the appeal from so much of the order dated June 13, 2011, as sua sponte extends the subject contract for a period of 60 days are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from orders that are not the result of motions made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied.

DILLON, J.P., COVELLO, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court


Summaries of

Stessa Corp. v. 97-02 Roosevelt Ave. LLC

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Aug 16, 2011
No. M124501 (N.Y. App. Div. Aug. 16, 2011)
Case details for

Stessa Corp. v. 97-02 Roosevelt Ave. LLC

Case Details

Full title:Stessa Corp., et al., respondents, v. 97-02 Roosevelt Avenue, LLC, et al.…

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

Date published: Aug 16, 2011

Citations

No. M124501 (N.Y. App. Div. Aug. 16, 2011)