Joseph Gaetano Cruz, Appellant, v. Annie Carannante, Samantha Costa, Respondents, "John Doe" and "Jane Doe", Undertenants. (2026)

ORDERED that the appeal is dismissed.

In this licensee summary proceeding (RPAPL 713 [7]), occupants Ann Carannante and Samantha Costa moved for leave to conduct discovery. After petitioner opposed, occupants responded with a submission titled "AFFIRMATION IN REPLY AND CROSS MOTION TO STAY," without a notice of motion or cross-motion, which was filed as an "AFFIDAVIT OR AFFIRMATION IN REPLY" on NYSCEF at 10:10 p.m. on the night before the return date. In that submission, occupants argued that a stay is warranted as they commenced a Supreme Court action based on issues relating to the title of the subject premises. Petitioner did not submit written opposition to occupants' argument regarding a stay. Petitioner appeals from so much of an order of the Civil Court (Tashanna B. Golden, J.) dated May 31, 2024, as, upon denying occupants' motion for leave to conduct discovery, purported to grant occupants' "cross motion" for a stay.

"A request for relief made in the absence of a notice of cross motion is not a 'motion . . . made upon notice' (CPLR 5701 [a] [2]), so an order granting or denying the request is not appealable as of right" (Fried v Jacob Holding, Inc., 110 AD3d 56, 65 [2013]; see CPLR 5701 [c]). Here, no appeal lies as of right from so much of the order as in effect sua sponte stayed the proceeding, and we decline to grant leave to appeal.

Accordingly, the appeal is dismissed.

TOUSSAINT, P.J., MUNDY and QUIÑONES, JJ., concur.

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: June 12, 2026