Unpublished Opinion
MOTION DECISION
M294563
ANGELA G. IANNACCI, J.P. PAUL WOOTEN DEBORAH A. DOWLING LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated February 21, 2024, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from an order of the Supreme Court, Queens County, dated May 4, 2023. Motion by the appellant for leave to appeal to this Court from the order, for a preference in the calendaring of the appeal, and to stay all proceedings in the above-entitled action, 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 the branch of the motion which is for leave to appeal to this Court from the order is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further, ORDERED that the branches of the motion which are for a preference in the calendaring of the appeal and to stay all proceedings in the above-entitled action are denied.
IANNACCI, J.P., WOOTEN, DOWLING and WAN, JJ., concur.