Horton Winthrop, LLC v Johnella Romeo
Motion No: 2019-00539 WC
Slip Opinion No: 2019 NY Slip Op 70040(U)
Decided on May 1, 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.


Appellate Term of the Supreme Court

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

2019-539 W C
Horton Winthrop, LLC, Respondent, v Johnella Romeo, Appellant.

Appeal from a final judgment of the City Court of New Rochelle, Westchester County, entered November 13, 2018, and from a February 19, 2019 refusal of that court to sign an order to show cause.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

So much of the appeal as is from the final judgment is dismissed as the final judgment was entered pursuant to a stipulation and appellant is not aggrieved thereby (see CPLR 5511). So much of the appeal as is from the refusal to sign an order to show cause is dismissed as no appeal lies therefrom (see UCCA 1702 [a] [2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]).

ENTER:

Paul Kenny

Chief Clerk