| 4702 Chiel Kurtz Realty, LLC v Tatiana Molano |
| Motion No: 2010-02645 kc |
| Slip Opinion No: 2010 NY Slip Op 88832(U) |
| Decided on November 17, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| 4702 Chiel Kurtz Realty, LLC, Appellant, v Tatiana Molano, Respondent. |
Motion by appellant on appeals from an order of the Civil Court of the City of New York, Kings County, entered June 22, 2010, and a judgment of the same court entered October 4, 2010, for a stay of enforcement of the judgment pending the determination of the appeals and to hold the appeal from the judgment in abeyance pending the determination of the appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the order dated June 22, 2010 is dismissed; and it is further,
ORDERED that the branch of the motion seeking to stay enforcement of the judgment is granted on condition that the appeal be perfected by January 7, 2011; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or appellant may move to vacate the stay on three days' notice; and it is further,
ORDERED that the branch of the motion seeking to hold the appeal from the judgment in abeyance is denied.
The appeal from the order is dismissed because no appeal lies from an intermediate order upon entry of a judgment (see Matter of Aho, 39 NY2d 241, 248). The issues sought to be raised on the appeal from the order may be brought up for review on the appeal from the judgment (see CPLR 5501[a] [1]).
ENTER:
Paul Kenny
Chief Clerk