Rsvp Nyc, LLC v 43-03 Broadway Realty Corp.
Motion No: 2011-03133 qc
Slip Opinion No: 2012 NY Slip Op 79514(U)
Decided on July 10, 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 2nd, 11th & 13th judicial Districts

MICHELLE WESTON, J.P.

MICHAEL L. PESCE

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2011-3133 Q C
RSVP NYC, LLC, Respondent, v 43-03 Broadway Realty Corp., Appellant.

Motion by appellant to vacate this court's decision and order on motion dated June 7, 2012, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered September 13, 2011, and for related relief.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied.

Notwithstanding that the document appealed from is denominated a "decision/order," the document is a decision, not an order. An appealable order determines a motion made on notice (CCA 1702 [2]). A summary proceeding terminates in a judgment (see RPAPL 747; CPLR 411).

ENTER:

Paul Kenny

Chief Clerk