Appellate Division: Second Judicial Department

M92674

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2009-08263, 2009-09167, 2009-09169 Fairways Wallkill, LLC, respondent, v Daniel Stark, et al., appellants. (Index No. 08-12770)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Orange County, dated June 22, 2009, a warrant of eviction of the same court dated August 10, 2009, and a judgment of the same court dated July 2, 2009, to stay enforcement of the warrant of eviction dated August 10, 2009, and to stay their eviction from the subject premises pending hearing and determination of the appeals. Application by the respondent, in effect, to dismiss the appeals from the order dated June 22, 2009, and the judgment dated July 2, 2009, as untimely taken.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is

ORDERED that on the court's own motion, the appeal from the warrant of eviction dated August 10, 2009 (Appellate Division Docket No. 2009-08263), is dismissed, without costs or disbursements, on the ground that no appeal lies from a warrant of eviction (see CPLR 5701); and it is further,

ORDERED that the motion is denied; and it is further,

ORDERED that the application is denied without prejudice to making a motion for that relief (see CPLR 8022[b]).

FISHER, J.P., ANGIOLILLO, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court