Monroe Beach Inc. v John Kulik
Motion No: 2023-01232 NC
Slip Opinion No: 2024 NY Slip Op 65469(U)
Decided on April 1, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

JERRY GARGUILO, P.J.

GRETCHEN WALSH

ELENA GOLDBERG-VELAZQUEZ, JJ.

DECISION & ORDER ON MOTION

2023-1232 N C
Monroe Beach Inc., Respondent, v John Kulik, Appellant, "John" "Doe" and "Jane" "Doe", Undertenants.

Motion by appellant for a stay of eviction pending determination of an appeal from a decision of the City Court of Long Beach, Nassau County, dated November 15, 2023, and for, in effect, summary reversal. Separate motion by respondent to strike appellant's affidavit in reply.

Upon the papers filed in support of the motions and the papers 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 is dismissed, as no appeal lies from a decision (see UCCA 1702 [2]); and it is further,

ORDERED that the motions are denied as moot.

ENTER:

Paul Kenny

Chief Clerk