| Noam Props., Inc., Petitioner v Christina Fuentes, Et Al. |
| Motion No: 2016-01621 KC |
| Slip Opinion No: 2016 NY Slip Op 89153(U) |
| Decided on October 11, 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.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Noam Properties, Inc., Petitioner, v Christina Fuentes, et al., Respondents; Yaniv Erez, Nonparty-Appellant. |
Motion by nonparty-appellant 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 February 16, 2016, and for other relief. Cross motion by respondent for sanctions.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that nonparty-appellant's appeal is dismissed as untimely, as nonparty-appellant was served with the order appealed from on March 16, 2016 and his notice of appeal was not filed until June 29, 2016 (see CPLR 5513); and it is further,
ORDERED that nonparty-appellant's motion is denied as academic; and it is further,
ORDERED that respondent's cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk