| Herkimer Unique Homes, LLC v Calvin Abraham & Marcia Rodriguez, Tenants & Dinelle Henley |
| Motion No: 2013-02336 kc |
| Slip Opinion No: 2013 NY Slip Op 94380(U) |
| Decided on December 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.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Herkimer Unique Homes, LLC, Respondent, v Calvin Abraham & Marcia Rodriguez, Tenants and Dinelle Henley, Appellant. |
Motion by appellant to be restored to possession of the subject premises pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated November 8, 2013, and for a stay pending the determination of the appeal.
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 the appeal is dismissed on the ground that the notice of appeal was filed by appellant Dinelle Henley, who is not aggrieved by the order appealed from, which decided a motion made by Macia Sanchez (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 appellant's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk