| Matter of Unsafe Building and Structure at 1330 Blake |
| Motion No: 2006-11263 +2 |
| Slip Opinion No: 2007 NYSlipOp 61420(U) |
| Decided on January 19, 2007 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M49620
E/mv
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2006-11263, 2006-11264, 2006-11267
In the Matter of Unsafe Building and Structure at 1330 Blake Avenue, Brooklyn, N.Y. City of New York, respondent; Jerry Castelle, appellant.
(Index No. 27223/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay demolition of the subject building pending hearing and determination of an appeal from findings, a deposition, and a precept of the Supreme Court, Kings County, all dated November 2, 2006.
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 findings and deposition are dismissed, without costs or disbursements, on the ground that no appeal lies from the findings or the deposition (see CPLR 5701); and it is further,
ORDERED that on the court's own motion, the appeal from the precept is dismissed, without costs or disbursements, on the ground that no appeal lies from a precept entered upon the default of the appealing party (see Lumberman's Mut. Cas. Co. v Fireman's Fund American Insurance Co., 117 AD2d 588); and it is further,
ORDERED that the motion is denied as academic.
PRUDENTI, P.J., KRAUSMAN, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court