Suissa v Baron
Motion No: 2010-10844
Slip Opinion No: 2010 NY Slip Op 90519(U)
Decided on December 13, 2010
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

M112509

J/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2010-10844, 2010-10845, 2010-10846

Ronald Suissa, respondent,

v Marcy R. Baron, appellant.

(Index No. 35301-09)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, both dated November 1, 2010 (Appellate Division Docket Nos. 2010-10844 and 2010-10846), and a warrant of eviction issued by the same court (Appellate Division Docket No. 2010-10845), inter alia, to stay all proceedings in the above-entitled action, and to stay enforcement of the warrant of eviction pending hearing and determination of the appeals.

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

ORDERED that on the Court's own motion, the appeal from the warrant of eviction (Appellate Division Docket No. 2010-10845) is dismissed, without costs or disbursements, as no appeal lies from a warrant of eviction (see CPLR 5701); and it is further,

ORDERED that the motion is denied.

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court