| Smithtown Props., LLC v 281 W. Main Corp., Michael Kreischer & Elizabeth Pyros, Etc. |
| Motion No: 2018-02250 SC |
| Slip Opinion No: 2019 NY Slip Op 61518(U) |
| Decided on January 17, 2019 |
| 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 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| Smithtown Properties, LLC, Respondent, v 281 West Main Corp., Michael Kreischer and Elizabeth Pyros, etc., Appellants. |
Motion by appellant Elizabeth Pyros for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Fourth District, entered October 30, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED, on the court's own motion, that so much of the appeal as was taken on behalf of 281 West Main Corp. is dismissed, as a corporation cannot appear without counsel (see CPLR 321 [a]; Hilton Apothecary v State of New York, 89 NY2d 1024 [1997]; Matter of Tenant Comm. of 36 Gramercy Park v New York State Div. of Hous. & Community Renewal, 108 AD3d 413 [2013]).
ENTER:
Paul Kenny
Chief Clerk