1825 Atl. Ave., L.P. v Merian Wigfall, Tenant, & Shawna Wigfall, Nonparty-appellant.
Motion No: 2010-01513 kc
Slip Opinion No: 2010 NY Slip Op 79968(U)
Decided on August 12, 2010
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JOSEPH G. GOLIA

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2010-1513 K C
1825 Atlantic Avenue, L.P., Respondent, v
Merian Wigfall, Tenant, and Shawna Wigfall,
Nonparty-Appellant.

Motion by tenant Merian Wigfall for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 16, 2010.

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

ORDERED that the motion by tenant Merian Wigfall for a stay pending the determination of the appeal is denied; and it is further,

ORDERED, on the court's own motion, that the appeal is dismissed.

The appeal is dismissed because nonparty-appellant Shawna Wigfall, who has taken this appeal, is not aggrieved within the meaning of CPLR 5511 by the Civil Court's denial of a motion made by nonparty Shanequa Wigfall, in this nonpayment proceeding brought against tenant Merian Wigfall.

ENTER:

Jamie A. Rios

Associate Justice