Nimkoff Rosenfeld & Schechter, LLP v Heber
Motion No: 2024-08675
Slip Opinion No: 2025 NY Slip Op 62999(U)
Decided on February 19, 2025
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M302912

AFA/

CHERYL E. CHAMBERS, J.P.

BARRY E. WARHIT

DONNA-MARIE E. GOLIA

PHILLIP HOM, JJ.

2024-08675

Nimkoff Rosenfeld & Schechter, LLP,

respondent, v Levi Heber, appellant,

et al., defendant.

(Index No. 509372/2021)

DECISION & ORDER ON MOTION

2024-08681

Nimkoff Rosenfeld & Schechter, LLP,

respondent, v Levi Heber, appellant,

et al., defendant.

(Index No. 509372/2021)

Appeals from a warrant of arrest of the Supreme Court, Kings County, dated May 22, 2024, and from an order of the same court, dated July 23, 2024. Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal from the warrant of arrest. Separate motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal from the order.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the warrant of arrest is dismissed on the ground that no appeal lies from a warrant of arrest (see CPLR 2219, 5701).

CHAMBERS, J.P., WARHIT, GOLIA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court