Wesley Hills Ctr., LLC v Orchid Floral Design, LLC Etc., Tenant; Yitzchok Shteierman, Nonparty-appellant.
Motion No: 2015-00139 ROC
Slip Opinion No: 2015 NY Slip Op 72624(U)
Decided on April 23, 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 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

ANGELA G. IANNACCI

FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER ON MOTION

2015-139 RO C
Wesley Hills Center, LLC, Respondent, v Orchid Floral Design, LLC etc., Tenant; Yitzchok Shteierman, Nonparty-Appellant.

Motion by nonparty-appellant for a stay pending the determination of an appeal, taken to the Appellate Division, Second Judicial Department, by notice of appeal filed December 22, 2014, from a final judgment of the Justice Court of the Town of Ramapo, Rockland County, entered December 11, 2014. The appeal was transferred to this court by decision and order of the Appellate Division, Second Judicial Department, dated April 7, 2015. Purported separate appeal from the same final judgment taken by notice of appeal filed January 20, 2015.

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 purported appeal taken by notice of appeal filed January 20, 2015 is dismissed, as there was a previous notice of appeal filed from the final judgment; and it is further,

ORDERED that nonparty-appellant's motion is denied.

ENTER:

Paul Kenny

Chief Clerk