| Olive J. Gordon, Petitioner-appellant v Underhill-washington |
| Motion No: 2016-01160 KC |
| Slip Opinion No: 2017 NY Slip Op 69604(U) |
| Decided on March 27, 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Olive J. Gordon, Petitioner-Appellant, v Underhill-Washington, Respondent-Respondent, and The Department of Housing Preservation and Development, Respondent. |
Appeal from a decision of the Civil Court of the City of New York, Kings County, dated February 25, 2016.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
An HP action or proceeding must terminate in a judgment, not in a decision. The document appealed from, although denominated a "decision/order," did not decide a motion and is merely a decision, which is not an appealable paper (see CCA 1702). Petitioner-appellant's remedy, if she be so advised, is to request the Housing Part clerk to enter a judgment (see CCA 1401), and to appeal therefrom. In addition, the transcript of the proceedings on February 25, 2016 must be made part of the record on appeal.
ENTER:
Paul Kenny
Chief Clerk