| 2 N. 6th Place Prop. Owner, LLC v Brian Battista & Diana Zambrano, Tenants. Jose Rosado, Nonparty-appellant. |
| Motion No: 2019-01157 KC |
| Slip Opinion No: 2019 NY Slip Op 76428(U) |
| Decided on July 25, 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
BERNICE D. SIEGAL, JJ.
DECISION & ORDER ON MOTION
| 2 North 6th Place Property Owner, LLC, Respondent, v Brian Battista and Diana Zambrano, Tenants. Jose Rosado, Nonparty-Appellant. |
On July 18, 2019, an order to show cause submitted by tenant Diana Zambrano for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 8, 2019, was signed by a justice of this court.
On the court's own motion, it is
ORDERED that the appeal is dismissed and the order to show cause is vacated.
The appeal is dismissed on the ground that the notice of appeal states that the appeal is being taken by nonparty-appellant Jose Rosado, who is not aggrieved by the order appealed from, which determined a motion made by tenant Diana Zambrano (see CPLR 5511).
ENTER:
Paul Kenny
Chief Clerk