Opinion
16489 Index No. 102131/10 Case No. 2022-00306
10-18-2022
HARLEM CONTRACTING LLC, Plaintiff–Respondent, v. 2201 7TH AVENUE REALTY LLC et al., Defendants, Trevor Whittingham, Nonparty-Appellant.
Trevor Whittingham, appellant pro se. Loeb & Loeb, New York (John Piscora of counsel), for respondent.
Trevor Whittingham, appellant pro se.
Loeb & Loeb, New York (John Piscora of counsel), for respondent.
Acosta, P.J., Renwick, Webber, Singh, Moulton, JJ.
Appeal from order, Supreme Court, New York County (Melissa A. Crane, J.), entered June 1, 2021, which denied nonparty Trevor Whittingham's pro se motion on behalf of himself, defendant 2201 7 th Avenue Realty LLC (2201 LLC), and nonparty Global Investment Strategies Trust (the Trust), to set aside a Referee's deed and void the sale of the subject property, unanimously dismissed, without costs.
Because the notice of appeal from the order was served more than 30 days after service of the order, with written notice of its entry, it is untimely ( CPLR 5513[a] ; see also Samjungcast Co., Ltd. v. Expway Corp., 159 A.D.3d 490, 69 N.Y.S.3d 794 [1st Dept. 2018] ).
Even if we had jurisdiction to review the order, we would find that nonparties Whittingham and the Trust lack standing to seek affirmative relief (see Bellco Drug Corp. v. Hina Pharm., 279 A.D.2d 388, 389, 719 N.Y.S.2d 563 [1st Dept. 2001] ; see also 103rd Funding Assoc. v. Salinas Realty Corp., 276 A.D.2d 340, 341, 714 N.Y.S.2d 47 [1st Dept. 2000], lv dismissed in part, denied in part 96 N.Y.2d 851, 729 N.Y.S.2d 666, 754 N.E.2d 768 [2001] ). Since a corporation is required, under most circumstances, to appear by counsel ( CPLR 321[a] ), Whittingham also lacks standing to raise any arguments on behalf of 2201 LLC (see People v. Park Ave. Plastic Surgery, P.C., 48 A.D.3d 367, 852 N.Y.S.2d 111 [1st Dept. 2008] ).