Cheng v. Goga

Full title: Wei Chun Cheng, Respondent, v. Joita Goga, Appellant, "John Doe" and "Jane…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: May 23, 2016

2016 N.Y. Slip Op. 75432 (N.Y. App. Term 2016)

Opinion

Motion No: 2016-01149 KC

05-23-2016

Wei Chun Cheng, Respondent, v. Joita Goga, Appellant, "John Doe" and "Jane Doe", Undertenants.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from final judgments of the Civil Court of the City of New York, Kings County, entered, respectively, May 27, 2015 and June 16, 2015, and a warrant of the same court issued March 23, 2016, for a stay, and for other relief.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed; and it is further,

ORDERED that appellant's motion is denied as academic.

So much of the appeal as is from the final judgment entered May 27, 2015, which awarded possession as against appellant, is dismissed, as appellant is not aggrieved by that final judgment, which was entered pursuant to a stipulation (see CPLR 5511). So much of the appeal as is from the final judgment entered June 16, 2015 is dismissed, as that final judgment awarded possession as against "John Doe" and "Jane Doe" on default, and appellant is not aggrieved thereby (see id.). So much of the appeal as is from the warrant issued March 23, 2016 is dismissed, as no appeal lies from a warrant (see Corrado v Harris, 13 Misc 3d 4 [App Term, 2d Dept, 2d & 11th Jud Dists 2006]).

ENTER:

Paul Kenny

Chief Clerk