15 Crown St. Realty, LLC v Sonia Walker, Tenant; Lilema Hamlet, Nonparty.
Motion No: 2017-00236 KC
Slip Opinion No: 2017 NY Slip Op 85379(U)
Decided on August 29, 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.


Appellate Term of the Supreme Court

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

2017-236 K C
15 Crown Street Realty, LLC, Appellant, v
Sonia Walker, Tenant; Lilema Hamlet, Nonparty.

Motion by tenant to enlarge the time to serve and file a respondent's brief on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 7, 2016. The order conditionally granted a motion by nonparty Lilema Hamlet, made on behalf of tenant, in effect, to be restored to possession.

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, the order entered December 7, 2016 is vacated, and the motion by Lilema Hamlet, made on behalf of tenant, in effect, to be restored to possession is dismissed; and it is further,

ORDERED that tenant's motion to enlarge the time to serve and file a respondent's brief is denied as academic.

Since a person not licensed to practice law in New York State pursuant to the Judiciary Law may not appear pro se in court on behalf of a litigant as an attorney-in-fact, as that constitutes the unauthorized practice of law (see CPLR 321; Whitehead v Town House Equities, Ltd., 8 AD3d 369 [2004]; Pinpoint Tech. 3, LLC v Mogilevsky, 46 Misc 3d 145[A], 2015 NY Slip Op 50204[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]), the motion giving rise to the order appealed from, and the order, are nullities and the order must be vacated and the motion dismissed (see Lewis v Kessler, 12 AD3d 421 [2004]; cf. Boente v Peter C. Kurth Off. of Architecture & Planning, 113 AD3d 803 [2014]).

ENTER:

Paul Kenny

Chief Clerk