| Linden Estates Inc. v Annette Hamilton |
| Motion No: 2024-00531 QC |
| Slip Opinion No: 2025 NY Slip Op 77374(U) |
| Decided on September 3, 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
WAVNY TOUSSAINT, P.J.
MARINA CORA MUNDY
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| Linden Estates Inc., Respondent, v Annette Hamilton, Appellant, "John Doe" and "Jane Doe", Undertenants. |
Appeal from an order of the Civil Court of the City of New York, Queens County, dated May 3, 2024.
On the court's own motion, it is,
ORDERED that appellant show cause before this court why the appeal should not be dismissed in light of an order dated February 6, 2025 which granted respondent's application to withdraw the petition without prejudice (see Livny v Rotella, 305 AD2d 377 [2003]), by filing an affidavit or affirmation (see CPLR 2106) with this court on or before October 15, 2025; and it is further,
ORDERED that the clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties by regular mail.
It is noted that it is unclear whether the February 6, 2025 order decided a motion made on notice, and it is further noted that "no appeal lies as of right from an order that is not the result of a motion made on notice (see CCA 1702[a][2]; CPLR 2211)" (Mautner Glick Corp. v Tunne, 38 Misc 3d 126[A], 2012 NY Slip Op 52320[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]; see Sholes v Meagher, 100 NY2d 333 [2003]).
ENTER:
Paul Kenny
Chief Clerk