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178 E. 70th St. LLC v Woodward
2015 NY Slip Op 50261(U) [46 Misc 3d 149(A)]
Decided on March 4, 2015
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 4, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ.
571133/13

178 East 70th Street LLC, Petitioner-Landlord-Respondent, -

against

Carol Woodward, Respondent-Tenant, -and- Zachary Levy, Respondent-Undertenant-Appellant, -and- "John Doe" and "Jane Doe," Respondents-Undertenants


Respondent Zachary Levy appeals from that portion of an order of the Civil Court of the City of New York, New York County (Anne Katz, J.), dated October 1, 2014, which denied his motion to dismiss the holdover petition as abandoned and restored the case to the calendar.

Per Curiam.

Appeal from order (Anne Katz, J.), dated October 1, 2014, dismissed, without costs, as abandoned.

Inasmuch as appellant Levy does not now raise any argument pertaining to the propriety of the October 1, 2014 order solely referenced in his notice of appeal, the appeal is dismissed as deemed abandoned (see 400 E. 77th Owners, Inc. v New York Eng'g Assn., P.C., 122 AD3d 474 [2014]).

To the extent appellant's brief purports to raise issues concerning an unappealed November 7, 2013 order, those arguments are not properly considered on appeal (see CPLR 5515; Roman v Emigrant Sav. Bank-Brooklyn/Queens, 111 AD3d 692, 693-694 [2013]). In any event, were appellant's arguments properly before us, we would affirm (see 184 West 10th Corp. v Westcott, 20 Misc 3d 24 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur


Decision Date: March 04, 2015