| Woodhaven Mgt. Realty, LLC v Carter Bagels, LLC |
| Motion No: 2023-01367 QC |
| Slip Opinion No: 2025 NY Slip Op 77381(U) |
| Decided on September 5, 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.
CHEREÉ A. BUGGS
MARINA CORA MUNDY, JJ.
DECISION & ORDER ON MOTION
| Woodhaven Management Realty, LLC, Respondent, v Carter Bagels, LLC, Appellant, "John Doe", "Jane Doe" and "XYZ Corp.", Occupants. |
Motion by appellant for an extension of time to perfect an appeal from a decision of the Civil Court of the City of New York, Queens County, dated October 4, 2023. Cross-motion by respondent to dismiss the appeal.
Upon the papers filed in support of the motion and cross-motion and the papers having been filed in opposition to the motion, it is
ORDERED that the cross motion to dismiss the appeal is granted on the ground that no appeal lies from a decision after trial (see CCA 1702), and any appeal from the judgment, which was served upon appellant with notice of entry in March, 2024, would be untimely (see CPLR 5513 [a]); and it is further,
ORDERED that the motion for an extension of time to perfect the appeal is denied as moot.
ENTER:
Paul Kenny
Chief Clerk