| Emdadul Bhuiyan v Jose Thomas Garcia-chavarria & Teresa Garcia |
| Motion No: 2015-02917 KC |
| Slip Opinion No: 2016 NY Slip Op 65187(U) |
| Decided on February 22, 2016 |
| 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
| Emdadul Bhuiyan, Respondent, v Jose Thomas Garcia-Chavarria and Teresa Garcia, Appellants. |
Motion by appellants 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 October 15, 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 October 15, 2015 (see Matter of Aho, 39 NY2d 241, 248 [1976]); and it is further,
ORDERED that appellant's motion is denied as academic.
We note that 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]).
ENTER:
Paul Kenny
Chief Clerk