Frances B. Todman v Andrew P. Thompson As Ex'r of Estate of Margaret J. Thompson & Andrew P. Thompson, Personally, Tenants, -and- William P. Thompson
Motion No: 2006-01255 WC
Slip Opinion No: 2007 NYSlipOp 68853(U)
Decided on May 4, 2007
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 : McCABE, J.P., TANENBAUM and LIPPMAN, JJ.


NO. 2006-1255 W C
FRANCES B. TODMAN,

Respondent,

-against-

ANDREW P. THOMPSON as executor of
the estate of MARGARET J. THOMPSON
and ANDREW P. THOMPSON, personally,

Tenants,

-and-

WILLIAM P. THOMPSON,

Appellant.

DECISION

On the court's own motion, motions by appellant William P. Thompson to admit counsel pro hac vice, to modify the terms of a stay pending appeal, for summary reversal, for poor person relief and for an enlargement of time to perfect the appeal, and cross motion by landlord-respondent to dismiss appeal for failure to perfect, are consolidated for purposes of disposition.

On the court's own motion, appeal by William P. Thompson from the decision after trial dated February 15, 2006 is dismissed.

Motions by appellant William P. Thompson to admit counsel pro hac vice, to modify the terms of a stay pending appeal, for summary reversal, for poor person relief and for an enlargement of time to perfect the appeal, are denied as moot.

Cross motion by landlord-respondent to dismiss appeal for failure to perfect is denied as moot.

The appeal is dismissed because no appeal lies from a decision (UJCA 1702; see Farag v Farag, 4 AD3d 502 [2004]).