Llivicura v 101 West 78th, LLC
Motion No: 2020-01010
Slip Opinion No: 2020 NY Slip Op 66599(U)
Decided on May 28, 2020
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M271052

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

LINDA CHRISTOPHER, JJ.

2020-01010

Otis Llivicura, appellant, v 101 West 78th, LLC,

et al., defendants; Shimko Law, PC, nonparty-

respondent; Sanders, Sanders, Block, Woycik,

Viener & Grossman, P.C., nonparty-appellant.

(Index No. 714513/17)

DECISION & ORDER ON MOTION

Appeal by Otis Llivicura, and separate appeal by Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., from an order of the Supreme Court, Queens County, dated September 6, 2019. By order to show cause dated February 7, 2020, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Otis Llivicura on the grounds that Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., did not have authority to file a notice of appeal on behalf of Otis Llivicura and Otis Llivicura is not aggrieved by the order dated September 6, 2019.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted and the appeal by Otis Llivicura is dismissed, without costs or disbursements (see CPLR 321, 5511).

MASTRO, J.P., LEVENTHAL, ROMAN and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court