601 Albany Realty Corp. v Jocelyne Occident
Motion No: 2019-00880 KC
Slip Opinion No: 2019 NY Slip Op 73044(U)
Decided on June 13, 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 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2019-880 K C
601 Albany Realty Corp., Appellant, v Jocelyne Occident, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 6, 2018.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as no appeal as of right lies from an order which directs that a traverse hearing be held (see CCA 1702 [a] [2]; Tovia Capital, LLC v Katebi, 21 Misc 3d 128[A], 2008 NY Slip Op 51957[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2008]; see also Frost v Halvorsen, 100 AD2d 608 [1984]). In addition, any right of direct appeal from the order terminated with the dismissal of the action on October 10, 2018.

ENTER:

Paul Kenny

Chief Clerk