| U.S. Equities Corp. v Carmen Pena |
| Motion No: 2018-00057 QC |
| Slip Opinion No: 2018 NY Slip Op 62680(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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| U.S. Equities Corp., Appellant, v Carmen Pena, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered September 25, 2017.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
No appeal as of right lies from an order which directs that a traverse hearing be held (see CCA 1702 [a] [2]; Tovia Capital, LLC v Katebi, 21 Misc 3d 128[A], 2008 NY Slip Op 51957[U] [App Term, 2d & 11th Jud Dists]; see also Frost v Halvorsen, 100 AD2d 608 [1984]; Citibank v S & J Inzlicht, Inc., 8 Misc 3d 134[A], 2005 NY Slip Op 51174[U] [App Term, 2d & 11th Jud Dists]). In addition, the action was dismissed by a subsequent order of the Civil Court entered November 29, 2017 (see Livny v Rotella, 305 AD2d 377 [2003]).
ENTER:
Paul Kenny
Chief Clerk