| 111 St. 2015 Corp. v Sonia Cole |
| Motion No: 2017-01095 QC |
| Slip Opinion No: 2017 NY Slip Op 78509(U) |
| Decided on June 20, 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
| 111 Street 2015 Corp., Respondent, v Sonia Cole, Appellant, et al., Undertenants. |
Appeal from orders of the Civil Court of the City of New York, Queens County, dated, respectively, August 26, 2016, October 3, 2016, and October 3, 2016, from denials by the same court of applications by appellant for orders to show cause dated March 3, 2017, March 6, 2017, March 7, 2017, March 9, 2017, March 13, 2017, and March 15, 2017, and from a marshal's request for a warrant dated January 31, 2017.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
So much of the appeal as is from the orders dated, respectively, August 26, 2016, October 3, 2016, and October 3, 2016 is dismissed, as any right of direct appeal from these orders terminated with the entry of a final judgment on October 3, 2016, the appeal of which final judgment is pending under appeal No. 2017-1029 Q C (see Matter of Aho, 39 NY2d 241, 248 [1976]). So much of the appeal as is from the marshal's request for a warrant dated January 31, 2017 is dismissed, as no appeal lies therefrom (see CCA 1702). So much of the appeal as is from the March 3, 2017, March 6, 2017, March 7, 2017, March 9, 2017, March 13, 2017, and March 15, 2017 denials of appellant's applications for orders to show cause is dismissed, as no appeal lies therefrom (see id.; Matter of Allah v Scheinman, 61 NY2d 755 [1984]; Khanal v Sheldon, 74 AD3d 894 [2010]; Poplar Realty v Po, 3 Misc 3d 22 [App Term, 2d & 11th Jud Dists 2003]; 10 Carmody-Wait 2d, NY Prac § 70:8, at 238; cf. CPLR 5704).
ENTER:
Paul Kenny
Chief Clerk