| Kamal Shah v Lashaunta Livingston-poteat |
| Motion No: 2016-03154 WC |
| Slip Opinion No: 2017 NY Slip Op 68041(U) |
| Decided on March 13, 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Kamal Shah, Respondent, v Lashaunta Livingston-Poteat, Appellant, Marcus Deloatch, Tenant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of North Castle, Westchester County, entered October 6, 2016.
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ORDERED, on the court's own motion, that the appeal is dismissed, as the final judgment entered October 6, 2016 was superseded by a final judgment of the same court entered December 1, 2016; and it is further,
ORDERED that appellant's motion is denied as academic.
It is noted that, in the circumstances presented, including the motion practice which took place in the period between the entry of the two final judgments, the notice of appeal from the October 6, 2016 final judgment cannot be deemed a premature notice of appeal from the subsequent final judgment.
ENTER:
Paul Kenny
Chief Clerk