| Ocean Realty Co. v Eric Levine |
| Motion No: 2012-00618 kc |
| Slip Opinion No: 2012 NY Slip Op 72100(U) |
| Decided on April 30, 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
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Ocean Realty Co., Respondent, v Eric Levine Also Known as Eric Kaplan, Appellant, and "John Doe" and "Jane Doe", Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated February 3, 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; and it is further,
ORDERED that appellant's motion for a stay is denied as moot.
So much of the appeal as is from the portion of the order that conditionally granted respondent's discovery motion is dismissed on the ground that said portion of the appeal has been rendered moot by the subsequent discontinuance of the proceeding (see Livny v Rotella, 305 AD2d 377 [2003]). So much of the appeal as is from the portion of the order that granted respondent's oral motion for an award of use and occupancy is dismissed on the ground that no appeal as of right lies from an order which does not decide a motion made on notice (see CCA 1702 [a] [2]). CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served." Appellant's remedy, if he be so advised, is to move in the Civil Court to vacate that portion of the order and, if necessary, to appeal from the order determining that motion.
ENTER:
Paul Kenny
Chief Clerk