| Russell v Lopezsoilan |
| Motion No: 2023-10483 |
| Slip Opinion No: 2024 NY Slip Op 60373(U) |
| Decided on January 10, 2024 |
| Appellate Division, 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 Division: Second Judicial Department
M293483
AFA/
ANGELA G. IANNACCI, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
BARRY E. WARHIT, JJ.
|
2023-10483 Gina Russell, respondent, v Miguel Lopezsoilan, appellant. (Index No. 600679/2023)
| DECISION & ORDER ON MOTION |
Appeal from a warrant of ejectment of the Supreme Court, Suffolk County, dated October 17, 2023. Motion by the appellant to deem the notice of appeal from the warrant of ejectment to be a notice of appeal from an order of the same court dated September 22, 2023, and to stay enforcement of the warrant of ejectment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to deem the notice of appeal from the warrant of ejectment to be a notice of appeal from the order dated September 22, 2023, is denied; and it is further,
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a warrant of ejectment (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the warrant of ejectment is denied as academic.
IANNACCI, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court