| Dafni v Stathakis |
| Motion No: 2012-07101 |
| Slip Opinion No: 2013 NY Slip Op 72092(U) |
| Decided on April 29, 2013 |
| Appellate Division, 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 Division: Second Judicial Department
M155488
S/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2012-07101 Koren Dafni, respondent, v Larry Stathakis, et al., defendants; 75th Street, LLC, nonparty-appellant. (Index No. 20415/04)
| DECISION & ORDER ON MOTION |
Appeal by the nonparty 75th Street, LLC, by permission, from an order of the Supreme Court, Queens County, dated August 1, 2012. By decision and order on motion of this Court dated September 26, 2012, enforcement of a judgment of foreclosure of the same court dated January 23, 2006, was stayed pending hearing and determination of the appeal. The appeal has not been perfected.
Now, on the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the stay granted by decision and order of this Court dated September 26, 2012, is vacated forthwith.
DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court