| 200-220 W. 26 LLC v Carney, Ashley D. |
| Motion No: 570076/19 |
| Slip Opinion No: 2019 NY Slip Op 82375(U) |
| Decided on October 23, 2019 |
| Appellate Term, First 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. |
October 23, 2019
200-220 W. 26 LLC v Carney, Ashley D.
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that the cross motion is granted and the appeal from the order of the Civil Court of the City of New York, New York County (Timmie Erin Elsner, J.), dated July 17, 2018, is dismissed. Respondent-
Appellant's motion is denied as academic.
Respondent-appellant is not an aggrieved party entitled to appeal the July 17, 2018 order denying her motion to dismiss, since the underlying holdover proceeding against respondent-appellant was subsequently discontinued by stipulation between the parties, dated July 31, 2018 (see CPLR 5511; Roth v Michelson, 55 NY2d 278, 281 n 1[1982]).
By: Shulman, P.J., Cooper, Edmead, J.J.
Motion No. 570076/19