| Park Props. Assoc., L.P. v Andrew Williams |
| Motion No: 2014-00675 WC |
| Slip Opinion No: 2014 NY Slip Op 72552(U) |
| Decided on May 6, 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.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Park Properties Associates, L.P., Respondent, v Andrew Williams, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the City Court of Yonkers, Westchester County, entered March 23, 2014. The order denied tenant's motion to "clarify" a prior decision of the same court.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal lies from the order appealed from (see e.g. Zabezhanskaya v Dinhofer, 2 AD3d 521 [2003]; Matter of Colonial Penn Ins. Co. v Cully, 144 AD2d 363 [1988]; Christopher v City of Buffalo, 88 AD2d 777 [1982]); and it is further,
ORDERED that tenant's motion is denied as academic.
While the appeal must be dismissed, it is noted that, upon finding in favor of appellant in this nuisance holdover proceeding, the City Court was without authority to direct the payment of use and occupancy (Lee v Pakeman, NYLJ, Nov. 29, 1994, at 34, col 2 [App Term, 2d & 11th Jud Dists]; Community League of W. 159th St. v Cesar, NYLJ, Apr. 21, 1989, at 21, col 6 [App Term, 1st Dept]).
ENTER:
Paul Kenny
Chief Clerk