Opinion
Motion No: 2019-00343 KC
05-17-2019
Fieldbridge Associates, LLC, Appellant, v. Stephanie Sturdivant, Respondent.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 20, 2019. The order conditionally granted respondent's motion to be restored to possession in a nonpayment summary proceeding. In a decision and order on motion of this court dated April 11, 2019, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that appellant had waived its right to appeal by accepting the benefit of the order appealed from.
Upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see Burkwit v Olson, 98 AD3d 1236, 1238 [2012]; HPS Holdings Co., LLC v AL & Assoc., LLC, 10 Misc 3d 135[A], 2005 NY Slip Op 52103[U] [App Term, 2d & 11th Jud Dists 2005]; Crystal Ridge Assoc. v Pascal, 2003 NY Slip Op 50669[U] [App Term, 2d & 11th Jud Dists 2003]).
ENTER:
Paul Kenny
Chief Clerk