| College Point Realty, Inc. v Wenzhou Noodle Rest., Inc., & Yi Chun Xia |
| Motion No: 2018-01845 QC |
| Slip Opinion No: 2018 NY Slip Op 85336(U) |
| Decided on September 27, 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
| College Point Realty, Inc., Respondent, v Wenzhou Noodle Restaurant, Inc., and Yi Chun Xia, Appellants, et al., Undertenants. |
Motion by appellants for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered August 2, 2018, pursuant to an order of that court dated June 28, 2018.
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 appellants' motion is denied as academic.
Appellants did not submit any papers in opposition to respondent's motion giving rise to the June 28, 2018 order, and the order does not recite that oral argument was had or set forth the substance of any arguments made at oral argument. In these circumstances, the judgment entered pursuant to the order cannot be reviewed on direct appeal (see Benitez v Olson, 29 AD3d 503 [2006]; Viggiani v Grodotzke, 306 AD2d 273 [2003]; see also M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]). Appellants' remedy, if appellants be so advised, is to move in the Civil Court for relief from the judgment and order.
ENTER:
Paul Kenny
Chief Clerk