| Ilana Cohen-zad v Thomas Thompson |
| Motion No: 2016-00756 SC |
| Slip Opinion No: 2018 NY Slip Op 62670(U) |
| Decided on January 26, 2018 |
| 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
| Ilana Cohen-Zad, Respondent, v Thomas Thompson, Appellant, et al., Undertenants. |
Motion by respondent on an appeal from a final judgment of the District Court of Suffolk County, Sixth District, entered November 13, 2014, to vacate a stay granted by decision and order on motion of this court dated June 7, 2017.
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; and it is further,
ORDERED that respondent's motion is denied as academic.
The appeal is dismissed because, at trial, appellant acknowledged owing the arrears sought and stated that he agreed to pay them. No appeal lies from a judgment entered on the consent of the appealing party (see CPLR 5511; Barry v Barry, 60 AD3d 882 [2009]; Wiener v City of New York, 60 AD3d 598 [2009]).
ENTER:
Paul Kenny
Chief Clerk