| 1233 Realty Assoc. v Victor Coureau |
| Motion No: 2014-02852 KC |
| Slip Opinion No: 2015 NY Slip Op 86459(U) |
| Decided on September 24, 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| 1233 Realty Associates, Respondent, v Victor Coureau, Appellant. |
Motion by appellant to vacate an order of this court dated April 20, 2015, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 8, 2014.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
It must be noted that inasmuch as subsequent to the order appealed from, the underlying proceeding was discontinued pursuant to a stipulation dated October 29, 2014, the appeal would have been dismissed by the court regardless of appellant's default (see, Livney v Rotella, 305 AD2d 377 [2d Dept. 2003]).
ENTER:
Paul Kenny
Chief Clerk