| Fountains-clove Rd. Apts., Inc. v May Dinger, Tenant, Et Al., Undertenant; Mary Ann Dinger Gunther |
| Motion No: 2014-00347 RIC |
| Slip Opinion No: 2014 NY Slip Op 67799(U) |
| Decided on March 18, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Fountains-Clove Road Apartments, Inc., Respondent, v May Dinger, Tenant, et al., Undertenant; Mary Ann Dinger Gunther, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Richmond County, entered October 10, 2013.
On the court's own motion, it is
ORDERED that this appeal by Mary Ann Dinger Gunther is dismissed on the ground that Mary Ann Dinger Gunther is not aggrieved by the order appealed from, which decided a motion made by Robert C. Gunther, Jr. (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).
We note that tenant May Dinger died on October 12, 2012 and there has been no substitution for the deceased tenant (see European Am. Bank v Strab Constr. Corp., 196 AD2d 479 [1993]).
ENTER:
Paul Kenny
Chief Clerk