| Moma Gaston Deli & Mkt. Corp. v Mohammed Ali |
| Motion No: 2018-02139 KC |
| Slip Opinion No: 2018 NY Slip Op 89149(U) |
| Decided on November 16, 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
| Moma Gaston Deli and Market Corp., Respondent, v Mohammed Ali, Appellant, and Bassam Ali, Intervenor. |
Motion by appellant for a stay of trial pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 21, 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, as appellant is not aggrieved by the order appealed from, which denied a motion by intervenor Bassam Ali (see CPLR 5511; Rinaldi v Evenflo Co., Inc., 62 AD3d 856 [2009]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk