Opinion
Motion No: 2019-00891 KC
10-08-2019
1525 E. 26 Realty Co., LLC, Respondent, v. Olympia Rodriguez, Tenant, and Jose Diaz, Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered May 17, 2019. By order to show cause dated July 3, 2019, the parties were directed to show cause why the appeal should not be dismissed, the final judgment vacated and the petition dismissed on the ground that the proceeding was a nullity from its inception and this court has no jurisdiction to entertain the appeal.
Upon the order to show cause and the papers filed by respondent in response thereto, and upon the papers filed in support of appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, the final judgment vacated and the petition dismissed (see Gorbaty v Brodsky, 142 AD3d 584 [2016]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk