Flagg Court Realty Co. v. Levitin

Full title: Flagg Court Realty Company, LLC etc., Respondent, v. Lazar Levitin…

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

Date published: Jul 17, 2015

2015 N.Y. Slip Op. 80484 (N.Y. App. Term 2015)

Opinion

Motion No: 2015-01365 KC

07-17-2015

Flagg Court Realty Company, LLC etc., Respondent, v. Lazar Levitin, Appellant, et al., Undertenants.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 21, 2015.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a final judgment on May 29, 2015 (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order may be brought up for review and considered on an appeal from the final judgment (see CPLR 5501 [a] [1]); and it is further,

ORDERED that appellant's motion is denied as moot.

ENTER:

Paul Kenny

Chief Clerk