| Co-bb Devonshire Venture, LLC v Alitia Majeed |
| Motion No: 2017-00202 SC |
| Slip Opinion No: 2017 NY Slip Op 75018(U) |
| Decided on May 16, 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
| CO-BB Devonshire Venture, LLC, Respondent, v Alitia Majeed, Appellant, at al., Undertenants. |
Motion by appellant for a stay pending the determination of appeal from an order of the District Court of Suffolk County, Fifth District, entered January 26, 2017. By order to show cause dated April 3, 2017, the parties were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that appellant is not aggrieved by the order appealed from in that she defaulted in appearing in court on January 26, 2017, whereupon the order appealed from was made.
Upon the order to show cause, the papers filed by respondent in response to the order to show cause, and no papers having been filed by appellant in response to the order to show cause, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed on the ground that appellant is not aggrieved by the order appealed from (see CPLR 5511) without prejudice to appellant moving in the District Court for relief from the warrant based upon a showing of good cause; and it is further,
ORDERED that appellant's motion for a stay is denied as academic.
ENTER:
Paul Kenny
Chief Clerk