Charos Props., LLC v. Hampton Bay Diner Corp.

Full title: Charos Properties, LLC, Respondent, v. Hampton Bay Diner Corp., Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Nov 1, 2016

2016 N.Y. Slip Op. 91242 (N.Y. App. Term 2016)

Opinion

Motion No: 2016-01794 SC

11-01-2016

Charos Properties, LLC, Respondent, v. Hampton Bay Diner Corp., Appellant.

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Appeal from a "judgment and order" of the Justice Court of the Town of Southampton, Suffolk County, entered June 13, 2016. The "judgment and order" was entered pursuant to the terms of a stipulation of settlement and upon the implicit denial of appellant's motion to stay the entry of judgment and the issuance of a warrant.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

No appeal lies from a judgment entered pursuant to the terms of a stipulation of settlement (see CPLR 5511). So much of the appeal as is from the portion of the "judgment and order" that implicitly denied appellant's motion to stay the entry of judgment and the issuance of a warrant is moot, as the warrant has been executed (see State of New York v General Elec. Co., 103 AD2d 985 [1984]).

ENTER:

Paul Kenny

Chief Clerk