| Daya Jagtiani As Trustee Under Daya Jagtiani Irrevocable Living Trust & Daya Jagtiani As Trustee Under Gulu Jagtiani Irrevocable Living Trust v Starlight Grill Rest. & Sweets Corp. & Shan Bhuta |
| Motion No: 2023-00976 QC |
| Slip Opinion No: 2024 NY Slip Op 63242(U) |
| Decided on February 26, 2024 |
| 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
WAVNY TOUSSAINT, P.J
CHEREÉ A. BUGGS
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| Daya Jagtiani as Trustee under the Daya Jagtiani Irrevocable Living Trust and Daya Jagtiani as Trustee under the Gulu Jagtiani Irrevocable Living Trust, Respondents, v Starlight Grill Restaurant and Sweets Corp. and Shan Bhuta, Appellants. |
Daya Jagtiani as Trustee under the Daya Jagtiani Irrevocable Living Trust and Daya Jagtiani as Trustee under the Gulu Jagtiani Irrevocable Living Trust, Respondents, v Starlight Grill Restaurant and Sweets Corp., Appellant, and Shan Bhuta, Undertenant.
Appellate Term Docket No.
2023-755 Q C
Lower Court # LT 318608-22/QU
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Daya Jagtiani as Trustee under the Daya Jagtiani Irrevocable Living Trust and Daya Jagtiani as Trustee under the Gulu Jagtiani Irrevocable Living Trust, Respondents, v Starlight Grill Restaurant and Sweets Corp., Appellant, and Shan Bhuta, Undertenant.
Appellate Term Docket No.
2023-976 Q C
Lower Court # LT 318608-22/QU
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Motions by appellant Starlight Grill Restaurant and Sweets Corp. to consolidate the above captioned appeals from a decision of the Civil Court of the City of New York, Kings County, dated May 3, 2023, from an order of that court entered July 13, 2023, and from a final judgment of that court entered August 31, 2023.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal from the decision dated May 3, 2023 (appeal No. 2023-577 Q C) is dismissed as no appeal lies from a decision (see CCA 1702); and it is further,
ORDERED, on the court's own motion, that the appeal from the order dated July 13, 2023 (appeal No. 2023-755 Q C) is dismissed as the right of direct appeal from the intermediate order terminated with the entry of a final judgment on September 11, 2023 (see Matter of Aho, 39 NY2d 241, 248 [1976]); and it is further,
ORDERED that the motions to consolidate are denied as moot.
ENTER:
Paul Kenny Chief Clerk