| 2525-2537 Realty, LLC v Waghler Delvois |
| Motion No: 2013-01796 KC |
| Slip Opinion No: 2014 NY Slip Op 89180(U) |
| Decided on October 30, 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| 2525-2537 Realty, LLC, Respondent, v Waghler Delvois, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered April 3, 2013. The order denied appellant's motion to vacate an income execution. By order to show cause dated September 30, 2014, the parties were directed show cause before this court why the above-entitled appeal should or should not be dismissed as academic, without prejudice to appellant's right to pursue his remedies for any overpayments, on the ground that the appeal had been rendered academic by appellant's satisfaction of the income execution.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed without prejudice to appellant's right to recover any overpayments in a proper forum.
ENTER:
Paul Kenny
Chief Clerk