Opinion
Motion No: 2015-00349 QC
11-27-2015
87-10 Operating, LLC, Respondent, v. Robert Valdes-Clausell, Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Appeal, by notice of appeal dated January 29, 2015, from a decision and a final judgment of the Civil Court of the City of New York, Queens County, both dated November 21, 2014. By order dated July 10, 2015, the Civil Court subsequently conditionally vacated the final judgment.
On the court's own motion, it is
ORDERED that so much of the appeal taken by the notice of appeal dated January 29, 2015 as is from the decision is dismissed, as a previous appeal from the decision, taken by notice of appeal dated December 17, 2014, was dismissed on the ground that no appeal lies from a decision (CCA 1702) (see 2015 NY Slip Op 72619[U]); and it is further,
ORDERED that the parties are directed to show cause before this court why so much of the appeal as is from the final judgment should or should not be dismissed as moot on the ground that the final judgment was conditionally vacated, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before December 16, 2015; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion on the parties' attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk