Cecilia Blake, Petitioner-respondent v Earlin Clarke
Motion No: 2023-00591 KC
Slip Opinion No: 2023 NY Slip Op 75036(U)
Decided on October 12, 2023
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 2nd, 11th & 13th Judicial Districts

CHEREÉ A. BUGGS, J.P.

MARINA CORA MUNDY

PHILLIP HOM, JJ.

DECISION & ORDER ON MOTION

2023-591 K C
Cecilia Blake, Petitioner-Respondent, v Earlin Clarke, Respondent-Respondent, "John Doe" and "Jane Doe," Undertenants, and Ariella De Los Santos, Nonparty-Appellant.

Motion by nonparty-appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered February 7, 2023, and to be restored to possession of the subject apartment.

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 as the appellant is a nonparty who does not have standing to appeal (see CPLR 5511); and it is further,

ORDERED that the motion is denied as moot.

ENTER:

Paul Kenny

Chief Clerk