| Mark Jordan v Jason Super & Florence Super |
| Motion No: 2014-00029 PC |
| Slip Opinion No: 2014 NY Slip Op 63660(U) |
| Decided on February 4, 2014 |
| 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
ANTHONY MARANO, JJ.
DECISION & ORDER ON MOTION
| Mark Jordan, Respondent, v Jason Super and Florence Super, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from a warrant of the Justice Court of the Town of Kent, Putnam County, dated December 1, 2013.
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, as no appeal lies from a warrant (see Corrado v Harris, 13 Misc 3d 4 [App Term, 2d & 11th Jud Dists 2006]); and it is further,
ORDERED that appellant's motion is denied as moot.
It is noted that a warrant of eviction may validly issue only pursuant to a final judgment.
ENTER:
Paul Kenny
Chief Clerk