| 37-31 73rd St. Owners Corp. v Paul Gullas |
| Motion No: 2012-01271 qc |
| Slip Opinion No: 2012 NY Slip Op 95020(U) |
| Decided on December 28, 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.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| 37-31 73rd St. Owners Corp., Respondent, v Paul Gullas, Appellant, and Cecilia Gullas, Undertenant. |
Motion by appellant and undertenant for leave to appeal to the Appellate Division from a decision and order of this court dated August 13, 2012, which denied their prior motion to be restored to possession of the premises pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered April 26, 2012. Separate motion by respondent to dismiss the appeal for failure to prosecute. Separate motion by appellant and undertenant for an enlargement of time to serve and file papers in opposition to respondent's motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellants' motions and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal from the order of the Civil Court entered April 26, 2012 is dismissed on the ground that appellant failed to appear at the traverse hearing on his motion giving rise to the order entered April 26, 2012 and thus is not aggrieved by that order (see CPLR 5511); and it is further,
ORDERED that the motions by appellant and undertenant, and the motion by respondent, are denied as moot.
ENTER:
Paul Kenny
Chief Clerk