| Paul Kassos v Halada Sanjeewa & Senavirtre Yapa |
| Motion No: 2018-01018 QC |
| Slip Opinion No: 2018 NY Slip Op 87237(U) |
| Decided on October 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.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Paul Kassos, Respondent, v Halada Sanjeewa and Senavirtre Yapa, Appellants, et al., Tenants, et al., Undertenants. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered April 5, 2018.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Appellants did not submit any papers in opposition to respondent's motion giving rise to the April 5, 2018 order, and the order does not recite the substance of any arguments made at oral argument. In these circumstances, the order appealed from 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]; cf. Matter of 144 Stuyvesant, LLC v Goncalves, 119 AD3d 695 [2014]). Appellants' remedy, if they be so advised, is to move in the Civil Court to vacate the order.
ENTER:
Paul Kenny
Chief Clerk