Noam Props., Inc. v Christina Fuentes Et Al.
Motion No: 2016-00930 KC
Slip Opinion No: 2016 NY Slip Op 77709(U)
Decided on June 17, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MARTIN M. SOLOMON

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2016-930 K C
Noam Properties, Inc., Appellant, v Christina Fuentes
et al., Respondents; Yaniv Erez, Nonparty.

Motion by appellant to stay enforcement of so much of an order of the Civil Court of the City of New York, Kings County, entered February 16, 2016, as ordered the commitment of nonparty Yaniv Erez to a sentence of 30 days in jail for criminal contempt, pending the hearing and determination of an appeal from the order.

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 so much of the appeal as is from the above-stated portion of the order entered February 16, 2016 is dismissed, as appellant is not aggrieved by that portion of the order (see CPLR 5511; Rinaldi v Evenflo Co., Inc., 62 AD3d 856 [2009]); and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk