| House On Macon, LLC, Landlord v Ali Lamount, Jr., Tenant. |
| Motion No: 2018-00091 KC |
| Slip Opinion No: 2018 NY Slip Op 79029(U) |
| Decided on July 17, 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.
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| House On Macon, LLC, Landlord, v Ali Lamount, Jr., Tenant. |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court dated January 25, 2018, which determined a motion by tenant on a purported appeal from an order of the Civil Court of the City of New York, Kings County, entered December 15, 2017, for a stay pending the determination of the appeal, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by tenant for a stay pending the determination of a purported appeal from an order of the Civil Court of the City of New York, Kings County, dated December 15, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is dismissed, as there is no appeal pending in this court.
The notice of appeal is jurisdictionally defective in that it fails to designate the court to which the appeal is taken (see CPLR 5515 [1]; Matter of Long Is. Pine Barrens Socy., Inc. v Central Pine Barrens Joint Planning & Policy Commn., 113 AD3d 854 [2014]).
ENTER:
Paul Kenny
Chief Clerk