Matter of Walker v All County Management 11-23 St. Casimi
Motion No: 2016-05191
Slip Opinion No: 2016 NY Slip Op 76961(U)
Decided on June 16, 2016
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M213339

E/sl

RANDALL T. ENG, P.J.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-05191

In the Matter of Richard Adam Walker, appellant,

v All County Management 11-23 St. Casimir Ave.,

LLP, respondent.

(Index No. 55010/16)

DECISION & ORDER ON MOTION

Motion by the appellant to allow him to return to the subject apartment for his personal items, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated May 13, 2016, and for poor person relief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order appealed from does not affect a substantial right (see CPLR 5701[a][2][v]; Walter v Castrataro, 94 AD3d 872), and we decline grant leave to appeal; and it is further,

ORDERED that the motion is denied as academic.

ENG, P.J., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court