| Vlissengen Props., LLC v Expo Home Ctr. Usa, Inc. Et Al., Tenants, & Jin Shang Liang |
| Motion No: 2012-00300 qc |
| Slip Opinion No: 2012 NY Slip Op 68472(U) |
| Decided on March 20, 2012 |
| 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.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Vlissengen Properties, LLC, Respondent, v Expo Home Center USA, Inc. et al., Tenants, and Jin Shang Liang, Appellant. |
Motion by tenant Expo Home Center USA, Inc. for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, dated February 2, 2012.
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 is dismissed on the ground that appellant Jin Shang Liang is not aggrieved by the order appealed from, which decided a motion made by Expo Home Center USA, Inc. (see CPLR 5511; Rinaldi v Evenflo Co., Inc., 62 AD3d 856 [2009]; Mortgagee Affiliates Corp. v Jerder Realty Servs., 62 AD2d 591 [1978]; 4 NY Jur 2d, Appellate Review § 208); and it is further,
ORDERED that the motion by tenant Expo Home Center USA, Inc. is denied as moot.
ENTER:
Paul Kenny
Chief Clerk