| 133 Plus 24 Stanford Ave. Realty Corp. v Xiu Lan Bni, Etc. |
| Motion No: 2016-01666 QC |
| Slip Opinion No: 2017 NY Slip Op 63516(U) |
| Decided on January 26, 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
| 133 Plus 24 Stanford Avenue Realty Corp., Respondent, v Xiu Lan Bni, etc., Appellant, et al., Undertenants. |
Motion by respondent to strike the appellant's brief on appeals from a decision of the Civil Court of the City of New York, Queens County, dated February 10, 2016, and from a final judgment of the same court entered February 11, 2016, or, in the alternative, for an enlargement of time to serve and file a respondent's brief, and for leave to attach an addendum with exhibits to that brief.
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 the appeal from the decision dated February 10, 2016 is dismissed, as no appeal lies from a decision (see CCA 1702); and it is further,
ORDERED that the branch of respondent's motion seeking to strike the appellant's brief is denied; and it is further,
ORDERED that the branch of respondent's motion seeking an enlargement of time to serve and file a respondent's brief is denied as unnecessary, as that relief was granted by a separate order on application of this court dated January 18, 2017; and it is further,
ORDERED that the branch of respondent's motion seeking leave to attach an addendum with exhibits to the respondent's brief is granted.
It is noted that this court will determine which materials in the parties' addenda may properly be considered.
ENTER:
Paul Kenny
Chief Clerk