Opinion
Motion No: 2014-00675 WC 2014-675 W C
05-06-2014
Park Properties Associates, L.P., Respondent, v. Andrew Williams, Appellant.
, P.J.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from an order of the City Court of Yonkers, Westchester County, entered March 23, 2014. The order denied tenant's motion to "clarify" a prior decision of the same court.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal lies from the order appealed from (see e.g. Zabezhanskaya v Dinhofer, 2 AD3d 521 [2003]; Matter of Colonial Penn Ins. Co. v Cully, 144 AD2d 363 [1988]; Christopher v City of Buffalo, 88 AD2d 777 [1982]); and it is further,
ORDERED that tenant's motion is denied as academic.
While the appeal must be dismissed, it is noted that, upon finding in favor of appellant in this nuisance holdover proceeding, the City Court was without authority to direct the payment of use and occupancy (Lee v Pakeman, NYLJ, Nov. 29, 1994, at 34, col 2 [App Term, 2d & 11th Jud Dists]; Community League of W. 159th St. v Cesar, NYLJ, Apr. 21, 1989, at 21, col 6 [App Term, 1st Dept]).
ENTER:
Paul Kenny
Chief Clerk