Kiryas Joel Mun. Local Dev. Corp. v Chaim Friedman d/b/a Zupnik Rd. Fish Mkt.
Motion No: 2005-01683 orc 11-23-2005
Slip Opinion No: 2006 NYSlipOp 61506(U)
Decided on January 12, 2006
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT: RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

NO. 2005-1683 OR C
KIRYAS JOEL MUNICIPAL LOCAL
DEVELOPMENT CORP.,

Respondent,

-against-


CHAIM FRIEDMAN D/B/A
ZUPNIK ROAD FISH MARKET,

Appellant.

DECISION

Motion by tenant-appellant to fix an undertaking pursuant to CPLR 5519(a)(6) is denied without prejudice to appellant seeking such relief in the court below.

It is noted that no appeal lies from an intermediate order upon entry of a judgment (see Matter of Aho, 39 NY2d 241, 248). The issues raised on appeal from the intermediate order are brought up for review on the appeal from the judgment (see CPLR 5501[a][1]).