| Charos Props., LLC v Hampton Bay Diner Corp. |
| Motion No: 2016-01794 SC |
| Slip Opinion No: 2016 NY Slip Op 91242(U) |
| Decided on November 1, 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Charos Properties, LLC, Respondent, v Hampton Bay Diner Corp., Appellant. |
Appeal from a "judgment and order" of the Justice Court of the Town of Southampton, Suffolk County, entered June 13, 2016. The "judgment and order" was entered pursuant to the terms of a stipulation of settlement and upon the implicit denial of appellant's motion to stay the entry of judgment and the issuance of a warrant.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
No appeal lies from a judgment entered pursuant to the terms of a stipulation of settlement (see CPLR 5511). So much of the appeal as is from the portion of the "judgment and order" that implicitly denied appellant's motion to stay the entry of judgment and the issuance of a warrant is moot, as the warrant has been executed (see State of New York v General Elec. Co., 103 AD2d 985 [1984]).
ENTER:
Paul Kenny
Chief Clerk