| Qi Guo v Violet Hendricks |
| Motion No: 2019-01798 PC |
| Slip Opinion No: 2020 NY Slip Op 62790(U) |
| Decided on January 29, 2020 |
| 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.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Qi Guo, Respondent, v Violet Hendricks, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a November 18, 2019 decision on the record of the Justice Court of the Town of Carmel, Putnam County, granting respondent a warrant of eviction, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed and the warrant is vacated; and it is further,
ORDERED that appellant's motion is denied as academic.
The appeal is dismissed because no appeal lies from a decision on the record (see UJCA 1702), from a transcript (see Dorizas v Island Insulation Corp., 254 AD2d 246 [2d Dept 1998]; Ojeda v Metropolitan Playhouse, Inc., 120 AD2d 717 [2d Dept 1986]), or from a warrant (see Corrado v Harris, 13 Misc 3d 4 [App Term, 2d Dept, 2d & 11th Jud Dists 2006]).
As a summary proceeding must terminate in a final judgment (see RPAPL 747) and no final judgment was entered in this proceeding, the warrant issued is a nullity, because a warrant cannot be issued in the absence of a final judgment (see RPAPL 749 [1]).
ENTER:
Paul Kenny
Chief Clerk