100 Highland Ave. Assoc., LLC v Maria Navarro, Tenant. Jose M. Santos Torres
Motion No: 2017-02166 WC
Slip Opinion No: 2018 NY Slip Op 65675(U)
Decided on February 20, 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.


Appellate Term of the Supreme Court

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

2017-2166 W C
100 Highland Ave. Assoc., LLC, Appellant-Respondent, v Maria Navarro, Tenant. Jose M. Santos Torres, Respondent-Appellant.

Motion by respondent-appellant Jose M. Santos Torres for a stay pending the determination of an appeal and cross appeal from a decision of the City Court of Yonkers, Westchester County, dated September 15, 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 cross appeal by respondent-appellant Jose M. Santos Torres is dismissed, as no appeal lies from findings of fact and conclusions of law (see Nationstar Mtge., LLC v Guy, 140 AD3d 1131 [2016]); and it is further,

ORDERED that the motion for a stay is denied as academic.

ENTER:

Paul Kenny

Chief Clerk