Ransworth Blair, Et Al., & Donna Bourne, Et Al. v 930-940, LLC, Et Al.
Motion No: 2018-01718 KC
Slip Opinion No: 2018 NY Slip Op 84518(U)
Decided on September 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 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2018-1718 K C
Ransworth Blair, et al., and Donna Bourne, et al., Respondents, v 930-940, LLC, et al., Appellants, and The Department of Housing Preservation and Development of New York City, Respondent.

Appeal from a decision of the Civil Court of the City of New York, Kings County, dated April 22, 2015.

On the court's own motion, it is

ORDERED that so much of the notice of appeal as is from the portion of the decision dated April 22, 2015 as awarded respondent The Department of Housing Preservation and Development of New York City a money judgment in the sum of $922,000 is deemed a premature notice of appeal from a judgment of that court entered February 14, 2017 pursuant to the decision (see CPLR 5520 [c]); and it is further,

ORDERED that the remainder of the notice of appeal is dismissed on the ground that no appeal lies from a decision after trial (see CCA 1702), the appellants' brief is stricken and on or before October 15, 2018, appellants shall file a replacement brief limited to so much of the appeal as is from the judgment or seek whatever other relief they deem appropriate.

ENTER:

Paul Kenny

Chief Clerk