Ocean Park Acquisition, L.P. v. Rombom

Full title: Ocean Park Acquisition, L.P., Respondent, v. Michael Rombom, Appellant.

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

Date published: Mar 11, 2013

2013 N.Y. Slip Op. 68511 (N.Y. App. Div. 2013)

Opinion

2012-1164 Q C

03-11-2013

Ocean Park Acquisition, L.P., Respondent, v. Michael Rombom, Appellant.

MICHAEL L. PESCE

, P.J.

JAIME A. RIOS

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Queens County, entered January 31, 2012. The order granted to an extent a motion by appellant for, in effect, a stay of execution of a warrant through May 2012, or for alternative relief.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

The appeal is dismissed as academic, as the stay sought would have expired on May 31, 2012. In addition, by accepting the benefit of the order appealed from, appellant waived his right to appeal from the order (see Williams v Hearburg, 245 AD2d 794 [1997]; Cosmopolitan Assoc., LLC v Velasco, 28 Misc 3d 127[A], 2010 NY Slip Op 51182[U] [App Term, 2d, 11th & 13th Jud Dists 2010]).

ENTER:

Paul Kenny

Chief Clerk