Paul Gullas & Cecilia Gullas v Agbh Jackson Hgts., LLC Et Al.
Motion No: 2012-01911 qc
Slip Opinion No: 2013 NY Slip Op 81411(U)
Decided on July 31, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MARTIN M. SOLOMON, J.P.

MICHAEL L. PESCE

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2012-1911 Q C
Paul Gullas and Cecilia Gullas, Appellants, v AGBH Jackson Heights, LLC et al., Respondents (and two third-party actions).

Motion by appellants on appeals from orders of the Civil Court of the City of New York, Queens County, entered, respectively, February 23, 2012 and May 31, 2012, in effect, for summary reversal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that so much of the appeal from the order entered February 23, 2012 as was taken by appellant Paul Gullas is dismissed, as that appellant is not aggrieved by that order, which was entered upon his failure to appear on the return date of the motion giving rise to the order (see CPLR 5511); and it is further,

ORDERED that so much of appellants' motion as is by appellant Paul Gullas seeking, in effect, summary reversal of the order entered February 23, 2012 is denied as academic; and it is further,

ORDERED that so much of appellants' motion as seeks, in effect, summary reversal of the order entered May 31, 2012 and so much of the motion as is by appellant Cecilia Gullas seeking, in effect, summary reversal of the order entered February 23, 2012 is denied.

ENTER:

Paul Kenny

Chief Clerk