Brooks Shopping Ctr., LLC v Dchwwc Rest., Inc. Doing Bus. As China City Express
Motion No: 2012-00833 wc
Slip Opinion No: 2012 NY Slip Op 74221(U)
Decided on May 15, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANGELA G. IANNACCI, J.P.

FRANCIS A. NICOLAI

DENISE F. MOLIA, JJ.

DECISION & ORDER ON MOTION

2012-833 W C
Brooks Shopping Center, LLC, Respondent, v DCHWWC Restaurant, Inc. Doing Business as China City Express, Appellant.

Motion by appellant for a stay pending the determination of an appeal from a decision of the City Court of Yonkers, Westchester County, dated March 30, 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 as no appeal lies from a decision (UCCA 1702; see Farag v Farag, 4 AD3d 502 [2004]); and it is further,

ORDERED that appellant's motion is denied as moot.

ENTER:

Paul Kenny

Chief Clerk