| 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 82341(U) |
| Decided on August 22, 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. |
Motion by appellant to vacate a decision and order on motion of this court dated March 18, 2014, which dismissed an appeal from an order of the Civil Court of the City of New York, Richmond County, entered October 10, 2013, or, in the alternative, for leave to appeal to the Appellate Division from this court's decision and order on motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
The order appealed from denied a motion by Robert Gunther to vacate a final judgment and warrant, and appellant was not aggrieved thereby. In any event, the final judgment and warrant were subsequently vacated by order of the Civil Court dated April 28, 2014.
ENTER:
Paul Kenny
Chief Clerk