| Yaroslav Hlum v Stacy Makhnevich |
| Motion No: 2024-00825 KC |
| Slip Opinion No: 2025 NY Slip Op 77377(U) |
| Decided on September 4, 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
LISA S. OTTLEY, J.P.
WAVNY TOUSSAINT
MARINA CORA MUNDY, JJ.
DECISION & ORDER ON MOTION
| Yaroslav Hlum, Respondent, v Stacy Makhnevich, Appellant. |
Motions by appellant for an extension of time to perfect appeals from a judgment of the Civil Court of the City of New York, Kings County, entered July 11, 2024 (appeal No. 2024-825 K C) and an order of that court dated August 28, 2024 (appeal No. 2024-906 K C), and for appeals from orders of the Civil Court of the City of New York, Kings County, entered January 9, 2025 (appeal No. 2025-242 K C) and February 28, 2025 (appeal No. 2025-483 K C), respectively, to be heard together, and other related relief.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the August 28, 2024 order (appeal No. 2024-906 K C) is dismissed as no appeal lies from an order denying a motion to dismiss in a small claims action (see CCA 1807; Shaw v Okenwa, 36 Misc 3d 154[A], 2012 NY Slip Op 51720[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]); and it is further,
ORDERED, on the court's own motion, that the appeal from the January 9, 2025 order (appeal No. 2025-242 KC) is dismissed as that order was vacated by a subsequent order of the Civil Court dated February 28, 2025, and, thus, no appeals lies therefrom; and it is further,
ORDERED that the branch of the motions seeking an extension of time to perfect the appeal from the judgment entered July 11, 2024 (appeal No. 2024-825 K C) is granted, and the appeal shall be perfected on or before October 20, 2025; and it is further,
ORDERED that in the event the appeal is not perfected by October 20, 2025, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and if the appellant is unrepresented, maybe serve such motion upon the appellant in person; and it is further,
ORDERED that the remaining branches of the motions are denied.
ENTER:
Paul Kenny
Chief Clerk