| Riverview Ii Preserv., Lp v Kenisha Howard |
| Motion No: 2012-02622 wc |
| Slip Opinion No: 2013 NY Slip Op 63502(U) |
| Decided on January 24, 2013 |
| 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| Riverview II Preservation, LP, Respondent, v Kenisha Howard, Appellant. |
Motion by respondent to dismiss as untimely an appeal from a decision of the City Court of Yonkers, Westchester County, dated September 25, 2012, and for an enlargement of time to serve and file papers in opposition to appellant's prior motion for a stay.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed on the ground that no appeal lies from a decision (see UCCA 1702; Farag v Farag, 4 AD3d 502 [2004]); and it is further,
ORDERED that respondent's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk