Rector, Church Wardens and Vestrymen of Grace Church

Rector, Church Wardens and Vestrymen of Grace Church

Motion No: 2009-10971

Slip Opinion No: 2009 NY Slip Op 91156(U)

Decided on December 14, 2009

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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M95938

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-10971
Rector, Church Wardens and Vestrymen of
Grace Church Episopal Church of Whitestone,
respondent, v Robin Mooney, et al., defendants,
Peter Mooney, appellant.
(Index No. 26828/07)

DECISION & ORDER ON MOTION

Appeal by Peter Mooney from a warrant of eviction issued by the Supreme Court, Queens County, dated October 15, 2009.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a warrant of eviction (see CPLR 5701).

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court