2 Jackson St. Corp. v Velocity Auto Ctr., Inc.

2 Jackson St. Corp. v Velocity Auto Ctr., Inc.

Motion No: 2015-01097 WC

Slip Opinion No: 2015 NY Slip Op 79229(U)

Decided on July 13, 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

ANGELA G. IANNACCI, J.P.

ANTHONY MARANO

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2015-1097 W C

2 Jackson Street Corp., Respondent, v Velocity Auto Center, Inc., Appellant.

Motion by respondent to dismiss an appeal from a final judgment of the City Court of New Rochelle, Westchester County, entered March 11, 2015, and for costs and sanctions.

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

ORDERED that the branch of the motion seeking to dismiss the appeal is granted, as no appeal lies from a final judgment entered pursuant to a stipulation of settlement (see CPLR 5511; Barry v Barry, 60 AD3d 882 [2009]; Wiener v City of New York, 60 AD3d 598 [2009]; Matter of D'Imperio v Putnam Lake Fire Dept., 262 AD2d 410 [1999]; Reynolds v Spanakos, 196 AD2d 798 [1993]); and it is further,

ORDERED that the branch of the motion seeking costs and sanctions is denied.

ENTER:

Paul Kenny

Chief Clerk