Opinion
Motion No: 2016-03154 WC
03-13-2017
Kamal Shah, Respondent, v. Lashaunta Livingston-Poteat, Appellant, Marcus Deloatch, Tenant, et al., Undertenants.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of North Castle, Westchester County, entered October 6, 2016.
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ORDERED, on the court's own motion, that the appeal is dismissed, as the final judgment entered October 6, 2016 was superseded by a final judgment of the same court entered December 1, 2016; and it is further,
ORDERED that appellant's motion is denied as academic.
It is noted that, in the circumstances presented, including the motion practice which took place in the period between the entry of the two final judgments, the notice of appeal from the October 6, 2016 final judgment cannot be deemed a premature notice of appeal from the subsequent final judgment.
ENTER:
Paul Kenny
Chief Clerk