| Buena Vista Assoc. v Doris Kwateng, Tenant, & Evelyn Kyei Parks |
| Motion No: 2019-00177 WC |
| Slip Opinion No: 2019 NY Slip Op 63315(U) |
| Decided on February 4, 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
| Buena Vista Associates, Respondent, v Doris Kwateng, Tenant, and Evelyn Kyei Parks, Appellant. |
Motion by appellant to be restored to possession pending the determination of an appeal from a final judgment of the City Court of Yonkers, Westchester County, entered June 7, 2018, and for related relief.
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 that the parties to the appeal show cause before this court why the appeal should or should not be dismissed on the ground that the notice of appeal was not served upon respondent (see CPLR 5515) and no application has been made pursuant to CPLR 5520 (a) to cure the omission, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before February 26, 2019; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on appellant and respondent's attorney by regular mail.
ENTER:
Paul Kenny
Chief Clerk