Opinion
Motion No. 2023-04490 Index No. 518494/2017
06-05-2023
Torto Note Member, LLC, respondent, v. Chaim Babad, appellant, et al., defendants.
Unpublished Opinion
MOTION DECISION
M289383
KS/COLLEEN D. DUFFY, J.P. ANGELA G. IANNACCI, LINDA CHRISTOPHER, HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated May 8, 2023. Motion by the respondent, inter alia, to confirm that no automatic stay is in effect pursuant to CPLR 5519(a) or, in the alternative, to vacate any automatic stay pursuant to CPLR 5519(a).
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 is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further, ORDERED that the motion is granted to the extent that any stay in effect pursuant to CPLR 5519(a) resulting from the posting of appeal bond no. 800144826 issued by Atlantic Specialty Insurance Company in connection with the above-entitled action is vacated, and the motion is otherwise denied.
DUFFY, J.P., IANNACCI, CHRISTOPHER and VOUTSINAS, JJ., concur.