| Oluwasesan Ogunkoya v Babatunde Ibitayo |
| Motion No: 2010-00627 kc |
| Slip Opinion No: 2011 NY Slip Op 66965(U) |
| Decided on March 8, 2011 |
| 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
JOSEPH G. GOLIA, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Oluwasesan Ogunkoya, Appellant, v Babatunde Ibitayo, Respondent, and John Doe and Jane Doe, Undertenants. |
Court's own motion to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 4, 2010, and from a decision of the same court dated February 2, 2010.
ORDERED that the motion is granted and the appeal is dismissed.
So much of the appeal as is from the order entered January 4, 2010 denying appellant's motion for summary judgment is dismissed as academic since the petition was dismissed on February 2, 2010 (see Livny v Rotella, 305 AD2d 377 [2003]). So much of the appeal as is from the February 2, 2010 dismissal of the petition is dismissed on the ground that no appeal lies from a decision (see Hall v Paez, 77 AD3d 620 [2010]) and on the further ground that the dismissal was based upon appellant's failure to proceed at a traverse and appellant is not considered aggrieved thereby (see CPLR 5511; see also Schmitt v Jeyalingam, 71 AD3d 757 [2010]).
ENTER:
Paul Kenny
Chief Clerk