| New York City Hous. Auth. S. Jamaica Houses v Jonathan Headley & Pamela Jackson |
| Motion No: 2013-02299 QC |
| Slip Opinion No: 2014 NY Slip Op 85528(U) |
| Decided on September 10, 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
| New York City Housing Authority South Jamaica Houses, Appellant-Respondent, v Jonathan Headley and Pamela Jackson, Respondents-Appellants. |
Appeal and cross appeal from an order of the Civil Court of the City of New York, Queens County, entered June 24, 2013. The order, insofar as appealed from, upon granting appellant- respondent's motion for summary judgment, permanently stayed the warrant of eviction in a licensee summary proceeding. The order, insofar as cross-appealed from, granted appellant- respondent's motion for summary judgment. No final judgment has been entered pursuant to the order.
On the court's own motion, it is
ORDERED that the appeal is dismissed; and it is further,
ORDERED that the cross appeal is dismissed without prejudice to reinstatement.
An appeal to this court as of right lies only from a final judgment or an order, or portion thereof, that determines a motion made on notice (CCA 1702 [a]). The order, insofar as appealed from by appellant-respondent, did not determine a motion made on notice, as no cross motion for a permanent stay was made (see CPLR 2211 ["A motion on notice is made when a notice of the motion or an order to show cause is served"]). The protective cross appeal is dismissed without prejudice to reinstatement because respondents-appellants are not aggrieved by the grant of summary judgment of possession so long as the warrant is permanently stayed (see CPLR 5511).
ENTER:
Paul Kenny
Chief Clerk