| Sumet I Assoc., L.P. v Francisco Cascarano |
| Motion No: 2015-00629 KC |
| Slip Opinion No: 2017 NY Slip Op 62384(U) |
| Decided on January 19, 2017 |
| 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
| Sumet I Associates, L.P., Appellant, v Francisco Cascarano, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered September 25, 2014. By order to show cause dated December 15, 2016, the parties were directed to show cause before this court why the appeal should or should not be dismissed on the ground that appellant had waived its right to appeal by accepting the benefit of the order appealed from.
Upon the order to show cause and the papers filed in support thereof and in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see Burkwit v Olson, 98 AD3d 1236, 1238 [2012]; HPS Holdings Co., LLC v AL & Assoc., LLC, 10 Misc 3d 135[A], 2005 NY Slip Op 52103[U] [App Term, 2d & 11th Jud Dists 2005]; Crystal Ridge Assoc. v Pascal, 2003 NY Slip Op 50669[U] [App Term, 2d & 11th Jud Dists 2003]).
ENTER:
Paul Kenny
Chief Clerk