141-05 Pershing Realty Corp. v Mendel Arkin
Motion No: 2010-02234 qc
Slip Opinion No: 2011 NY Slip Op 70827(U)
Decided on April 13, 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.


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

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2010-2234 Q C
141-05 Pershing Realty Corp., Respondent, v Mendel Arkin, Appellant, and "John Doe" and "Jane Doe", Undertenants.

Appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered February 2, 2010.

On the court's own motion, it is

ORDERED that the appeal is dismissed on the ground that the final judgment was vacated by order of the Civil Court dated July 30, 2010, and, thus, no appeal lies therefrom. Appellant, if he be so advised, may seek relief in the Civil Court from the vacatur of the final judgment.

ENTER:

Paul Kenny

Chief Clerk