Opinion
2012-07101 Index No. 20415/04 M155488
04-29-2013
Koren Dafni, respondent, v. Larry Stathakis, et al., defendants; 75th Street, LLC, nonparty-appellant.
, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
DECISION & ORDER ON MOTION
Appeal by the nonparty 75th Street, LLC, by permission, from an order of the Supreme Court, Queens County, dated August 1, 2012. By decision and order on motion of this Court dated September 26, 2012, enforcement of a judgment of foreclosure of the same court dated January 23, 2006, was stayed pending hearing and determination of the appeal. The appeal has not been perfected.
Now, on the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the stay granted by decision and order of this Court dated September 26, 2012, is vacated forthwith.
DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court