Tesco V, LLC v Maura T. Madden
Motion No: 2023-00751 WC
Slip Opinion No: 2023 NY Slip Op 75797(U)
Decided on October 16, 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 9th & 10th Judicial Districts

TIMOTHY S. DRISCOLL, J.P.

JAMES P. McCORMACK

GRETCHEN WALSH, JJ.

DECISION & ORDER ON MOTION

2023-751 W C
Tesco V, LLC, Respondent, v Maura T. Madden, Appellant, and Joe Madden, Tenant.

Motion by appellant for a stay on an appeal from a decision of the City Court of Yonkers, Westchester County, dated July 3, 2023, and for permission to prosecute the appeal as a poor person.

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 no appeal lies from a decision, and no judgment has been entered (see CCA 1702), and it is further,

ORDERED the motion for a stay and for permission to prosecute the appeal as a poor person are denied as moot.

ENTER:

Paul Kenny

Chief Clerk