| Riverview Ii Preserv., L.P. v Karen Ambrose |
| Motion No: 2013-02019 WC |
| Slip Opinion No: 2015 NY Slip Op 82153(U) |
| Decided on August 6, 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| Riverview II Preservation, L.P., Respondent, v Karen Ambrose, Appellant. |
Appeal from an order of the City Court of Yonkers, Westchester County, entered September 12, 2013.
On the court's own motion, it is
ORDERED that the appeal is dismissed and all proceedings had in the City Court, including the order appealed from and the final judgment entered June 13, 2013, are vacated.
For the reasons stated in Riverview II Preserv., L.P. v Brice-Frazier (47 Misc 3d 134[A], 2015 NY Slip Op 50484[U] [App Term, 9th & 10th Jud Dists 2015]), the electricity charges sought herein are not additional rent and the City Court lacked jurisdiction to entertain this nonpayment summary proceeding.
ENTER:
Paul Kenny
Chief Clerk