Opinion
Motion No: 2018-01130 KC
07-17-2018
Desiree Hilton as the GAL for Vera Caldwell, Respondent, v. 931 Pacific Realty Corp., Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
(Original Decision & Order on Motion dated July 9, 2018)
Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated February 26, 2018. The decision, among other things, after a nonjury trial, awarded Vera Caldwell a final judgment of possession and directed appellant to provide her daughter with a key to the building in a summary proceeding brought pursuant to RPAPL 713 (10). Separate motion by appellant's counsel, Michael A. Valentine, Esq., for leave to withdraw as counsel for appellant.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, the decision dated February 26, 2018 and any final judgment entered pursuant thereto are vacated, and the petition is dismissed; and it is further,
ORDERED that the motions by appellant and by appellant's counsel are denied as academic.
Since this proceeding was brought by a person not licensed to practice law in New York State, the petition and all the proceedings held thereon are nullities. Thus, the appeal must be dismissed, the decision and any final judgment entered pursuant thereto vacated, and the petition dismissed (see Carroll St. Props. v Velez, 59 Misc 3d 134[A], 2018 NY Slip Op 50493[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]; 15 Crown St. Realty, LLC v Walker, 2017 NY Slip Op 85379[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]; see also Hilton Apothecary v State of New York, 89 NY2d 1024 [1997]).
ENTER:
Paul Kenny
Chief Clerk