Gonzalez v 231 Maujer Street, HDFC
Motion No: 2018-12393
Slip Opinion No: 2018 NY Slip Op 89781(U)
Decided on November 30, 2018
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M257891

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2018-12393

Angel Gonzalez, appellant,

v 231 Maujer Street, HDFC, et al., respondents.

(Index No. (510394/15)

DECISION & ORDER ON MOTION

2018-12650

Angel Gonzalez, appellant,

v 231 Maujer Street, HDFC, et al., respondents.

(Index No. (510394/15)

Motion by the appellant, inter alia, to stay his eviction from the subject premises, pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated September 13, 2018, and an order and judgment (one paper) of the same court dated September 27, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the order and judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order are brought up for review and may be raised on the appeal from the order and judgment; and it is further,

ORDERED that the motion is denied.

BALKIN, J.P., ROMAN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court