| 106 Clarkson Realty, LLC v Michelle Pierre, Tenant. Yves Gael Jean Pierre, Nonparty-appellant. |
| Motion No: 2012-02788 kc |
| Slip Opinion No: 2013 NY Slip Op 63526(U) |
| Decided on January 28, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| 106 Clarkson Realty, LLC, Respondent, v Michelle Pierre, Tenant. Yves Gael Jean Pierre, Nonparty-Appellant. |
Motion by tenant 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 December 17, 2012.
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 the notice of appeal was filed by nonparty-appellant Yves Gael Jean Pierre, who is not aggrieved by the order appealed from, which decided a motion made by tenant (see CPLR 5511; Rinaldi v Evenflo Co., Inc., 62 AD3d 856 [2009]; Mortgagee Affiliates Corp. v Jerder Realty Servs., 62 AD2d 591 [1978]; 4 NY Jur 2d, Appellate Review § 208); and it is further,
ORDERED that tenant's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk