| Ocean Park Acquisition, L.P. v Michael Rombom |
| Motion No: 2012-01164 qc |
| Slip Opinion No: 2013 NY Slip Op 68511(U) |
| Decided on March 11, 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
| Ocean Park Acquisition, L.P., Respondent, v Michael Rombom, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered January 31, 2012. The order granted to an extent a motion by appellant for, in effect, a stay of execution of a warrant through May 2012, or for alternative relief.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
The appeal is dismissed as academic, as the stay sought would have expired on May 31, 2012. In addition, by accepting the benefit of the order appealed from, appellant waived his right to appeal from the order (see Williams v Hearburg, 245 AD2d 794 [1997]; Cosmopolitan Assoc., LLC v Velasco, 28 Misc 3d 127[A], 2010 NY Slip Op 51182[U] [App Term, 2d, 11th & 13th Jud Dists 2010]).
ENTER:
Paul Kenny
Chief Clerk