Opinion
2011-2856 K C
02-03-2012
Gregory Portnoy and Lyudmila Portnoy, Appellants, v. Vyacheslav M. Golger, Respondent.
, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 13, 2011, to vacate a stay granted by decision and order of this court dated December 12, 2011. Cross motion by appellants to modify the stay.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, and all proceedings taken in the Civil Court, including the default judgment entered July 13, 2011 and the orders entered June 8, 2011 and October 13, 2011 are vacated; and it is further,
ORDERED, on the court's own motion, that the decision and order of this court dated December 12, 2011 is recalled and vacated, and appellants' motion for a stay is dismissed; and it is further,
ORDERED that respondent's motion to vacate the stay and appellants' cross motion to modify the stay are dismissed.
An examination of the record, which has now been received by this court, indicates that this action was for a declaratory judgment and not for monetary damages. As such, the action was not subject to transfer pursuant to CPLR 325 (d). Thus, all proceedings taken in the Civil Court are nullities (see Green v Lakeside Manor Home for Adults, Inc., 30 Misc 3d 16 [App Term, 2d, 11th & 13th Jud Dists 2010]; Watersview Owners, Inc. v Pacimeo, 13 Misc 3d 130[A], 2006 NY Slip Op 51805[U] [App Term, 2d & 11th Jud Dists 2006]).
ENTER:
Paul Kenny
Chief Clerk