| 87-10 Operating, LLC v Robert Valdes-Clausell |
| Motion No: 2015-00349 QC |
| Slip Opinion No: 2015 NY Slip Op 92560(U) |
| Decided on November 27, 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| 87-10 Operating, LLC, Respondent, v Robert Valdes-Clausell, Appellant. |
Appeal, by notice of appeal dated January 29, 2015, from a decision and a final judgment of the Civil Court of the City of New York, Queens County, both dated November 21, 2014. By order dated July 10, 2015, the Civil Court subsequently conditionally vacated the final judgment.
On the court's own motion, it is
ORDERED that so much of the appeal taken by the notice of appeal dated January 29, 2015 as is from the decision is dismissed, as a previous appeal from the decision, taken by notice of appeal dated December 17, 2014, was dismissed on the ground that no appeal lies from a decision (CCA 1702) (see 2015 NY Slip Op 72619[U]); and it is further,
ORDERED that the parties are directed to show cause before this court why so much of the appeal as is from the final judgment should or should not be dismissed as moot on the ground that the final judgment was conditionally vacated, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before December 16, 2015; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion on the parties' attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk