Port Jefferson Crossing, LLC v Wadena Pyatt
2026 NY Slip Op 65705(U)
April 2, 2026
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
Port Jefferson Crossing, LLC, Respondent,
v
Wadena Pyatt, Appellant, Elvis Samaniego, "John Doe" and "Jane Doe", Undertenants.
Appellate Term of the Supreme Court of the State of New York, 9th And 10th Judicial Districts
April 2, 2026
2025-1139 S C
Timothy S. Driscoll, P.J.
Joseph R. Conway
Maureen T. Liccione, JJ.
[*1]Motion by appellant for a stay of a final judgment of the District Court of Suffolk County, Sixth District, entered July 23, 2024, pending the determination of an appeal from that final judgment, a final judgment of that court entered February 27, 2024, an order of that court dated January 15, 2025, and a refusal to sign an order to show cause of the District Court, dated January 30, 2025.
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 so much of the appeal as is from the final judgment entered February 27, 2024 is dismissed as that final judgment was vacated by stipulation of settlement dated May 1, 2024; and it is further,
ORDERED, on the court's own motion, that so much of the appeal as is from the refusal to sign an order to show cause is dismissed as no appeal lies therefrom (see UDCA 1702 [a][2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]; cf. CPLR 5704[b]); and it is further,
ORDERED that the motion is denied.
ENTER:
Jennifer Chan
Chief Clerk