| Parkville Realty Assoc., LLC v Totaram Mohabir, Tenant. Anita Deodat, Nonparty-appellant. |
| Motion No: 2018-02380 KC |
| Slip Opinion No: 2018 NY Slip Op 91366(U) |
| Decided on December 10, 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
| Parkville Realty Associates, LLC, Respondent, v Totaram Mohabir, Tenant. Anita Deodat, Nonparty-Appellant. |
Appeal from a default final judgment of the Civil Court of the City of New York, Kings County, entered October 16, 2018.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
The notice of appeal in this matter was filed by nonparty-appellant purportedly on behalf of herself and tenant. Nonparty-appellant is not aggrieved by the final judgment, which awarded possession only against tenant (see CPLR 5511). Moreover, since nonparty-appellant is a person not licensed to practice law in New York State pursuant to the Judiciary Law, she may not appear pro se on behalf of a litigant as an attorney-in-fact, as that constitutes the unauthorized practice of law (see CPLR 321; Whitehead v Town House Equities, Ltd., 8 AD3d 369 [2004]; Pinpoint Tech. 3, LLC v Mogilevsky, 46 Misc 3d 145[A], 2015 NY Slip Op 50204[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]). We note, in addition, that no appeal lies from a default final judgment (see CPLR 5511).
ENTER:
Paul Kenny
Chief Clerk