| 100 E. 92nd St., LLC v Joyce Worrell |
| Motion No: 2018-00825 KC |
| Slip Opinion No: 2019 NY Slip Op 63006(U) |
| Decided on January 31, 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 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| 100 East 92nd Street, LLC, Appellant, v Joyce Worrell, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 15, 2018. The order conditionally granted respondent's motion to be restored to possession in a nonpayment summary proceeding. By decision and order on motion dated October 29, 2018, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that appellant had waived its right to appeal by accepting the benefit of the order appealed from.
Upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see Burkwit v Olson, 98 AD3d 1236, 1238 [2012]; HPS Holdings Co., LLC v AL & Assoc., LLC, 10 Misc 3d 135[A], 2005 NY Slip Op 52103[U] [App Term, 2d & 11th Jud Dists 2005]; Crystal Ridge Assoc. v Pascal, 2003 NY Slip Op 50669[U] [App Term, 2d & 11th Jud Dists 2003]).
ENTER:
Paul Kenny
Chief Clerk