| C.H.T. Place, LLC v Diane Dixon |
| Motion No: 2013-01768 KC |
| Slip Opinion No: 2014 NY Slip Op 85484(U) |
| Decided on September 24, 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
| C.H.T. Place, LLC, Respondent, v Diane Dixon, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, dated August 7, 2012. The order, insofar as appealed from, denied the branch of appellant's motion seeking leave to renew "that part of the Order of the Hon. Kimberly S. Moser rendered on the 21st day of March 2012 as determined that the subject premises is a low-income tax credit condo not subject to Rent Stabilization."
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal lies from a finding of fact (see County of Westchester v O'Neill, 191 AD2d 556 [1993]).
It is noted that the finding that "the subject premises is a low-income tax credit condo not subject to Rent Stabilization" will not have collateral estoppel effect on future proceedings (see Ryan v New York Tel. Co., 62 NY2d 494, 500 [1984]).
ENTER:
Paul Kenny
Chief Clerk