| Eastman v Mongiello |
| Motion No: 2022-05750 |
| Slip Opinion No: 2024 NY Slip Op 66771(U) |
| Decided on April 26, 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
M296020
AFA/
COLLEEN D. DUFFY, J.P.
JOSEPH J. MALTESE
LARA J. GENOVESI
JANICE A. TAYLOR, JJ.
|
2022-05750 Tiffany Brooke Eastman, respondent, v Christopher Michael Mongiello, appellant. (Index No. 29611/2009)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated July 1, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal. Separate motion by the appellant, inter alia, to stay his eviction from the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal is denied; and it is further,
ORDERED that the motion, inter alia, to stay the eviction of the appellant from the subject premises, pending hearing and determination of the appeal, is denied as academic.
DUFFY, J.P., MALTESE, GENOVESI and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court