Barmat Realty Co., LLC v Marie Montrevil
Motion No: 2014-02736 KC
Slip Opinion No: 2015 NY Slip Op 65207(U)
Decided on February 11, 2015
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.


Appellate Term of the Supreme Court

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

2014-2736 K C
Barmat Realty Company, LLC, Respondent, v Marie Montrevil, Appellant, et al., Undertenant.

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated December 8, 2014. The order determined a motion by undertenant Joseph Poggioli.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed, as appellant is not aggrieved by the order appealed from, which denied a motion by another party (CPLR 5511; see Rinaldi v Evenflo Co., Inc., 62 AD3d 856 [2009]; Mortgagee Affiliates Corp. v Jerder Realty Servs., 62 AD2d 591 [1978]; 4 NY Jur 2d, Appellate Review § 208); and it is further,

ORDERED that appellant's motion is denied as moot.

ENTER:

Paul Kenny

Chief Clerk