Paljr, LLC, Doing Bus. As E. Nursing & Habilitation Ctr. v Florence Boyan & Elizabeth Kelly
Motion No: 2020-00344 SC
Slip Opinion No: 2021 NY Slip Op 63587(U)
Decided on March 11, 2021
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 9th & 10th Judicial Districts

TERRY JANE RUDERMAN, P.J.

JERRY GARGUILO

ELIZABETH H. EMERSON, JJ.

DECISION & ORDER ON MOTION

2020-344 S C
Paljr, LLC, Doing Business as East Nursing and Habilitation Center, Appellant, v Florence Boyan and Elizabeth Kelly, Respondents.

Appeal from an order of the County Court of the Suffolk County, entered October 11, 2019.

By order to show cause dated February 25, 2020, the parties were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings and vacating the order as a nullity.

Upon the order to show cause, and no papers having been filed in response thereto, it is

ORDERED that the motion is granted, and the appeal is dismissed and the order entered October 11, 2019 is vacated (see CPLR 1015; Matter of Einstoss, 26 NY2d 181 [1970]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713 [2011]).

ENTER:

Paul Kenny

Chief Clerk