| Flagg Ct. Realty Co., LLC Etc. v Lazar Levitin |
| Motion No: 2015-01365 KC |
| Slip Opinion No: 2015 NY Slip Op 80484(U) |
| Decided on July 17, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Flagg Court Realty Company, LLC etc., Respondent, v Lazar Levitin, Appellant, et al., Undertenants. |
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, entered April 21, 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 appeal is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a final judgment on May 29, 2015 (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order may be brought up for review and considered on an appeal from the final judgment (see CPLR 5501 [a] [1]); and it is further,
ORDERED that appellant's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk