| 224-01 141st Ave., LLC, Petitioner-Respondent v K & S Laurelton Mini Mart, Inc., doing business as Laurelton Mini Mart |
| Motion No: 2024-00704 QC |
| Slip Opinion No: 2025 NY Slip Op 66352(U) |
| Decided on April 7, 2025 |
| 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
CHEREÉ A. BUGGS, J.P.
MARINA CORA MUNDY
JOANNE D. QUIÑONES, JJ.
DECISION & ORDER ON MOTION
| 224-01 141st Avenue, LLC, Petitioner-Respondent, v K & S Laurelton Mini Mart, Inc., doing business as Laurelton Mini Mart, Appellant, Komal Prashad, Respondent-Respondent, et al., Undertenants. |
Motion by appellant, in effect, for a stay of eviction pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered February 8, 2024 and for "reconsideration" of an order of this court dated July 12, 2024 which struck, from the general calendar, an appeal from an order entered May 19, 2023 (appeal No. 2023-612 Q C).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
It is noted that, as we previously stated in the July 12, 2024 order, the right to directly appeal from the order entered May 19, 2023 terminated with the entry of a final judgment on February 8, 2024 (see Matter of Aho, 39 NY2d 241, 248 [1976]). Appellant can perfect this appeal, which is from the final judgment. We further note that, while opposition to the motion included a request for sanctions, there was no cross-motion for such relief.
ENTER:
Paul Kenny
Chief Clerk