Opinion
Motion No: 2013-02299 QC
09-10-2014
New York City Housing Authority South Jamaica Houses, Appellant-Respondent, v. Jonathan Headley and Pamela Jackson, Respondents-Appellants.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Appeal and cross appeal from an order of the Civil Court of the City of New York, Queens County, entered June 24, 2013. The order, insofar as appealed from, upon granting appellant- respondent's motion for summary judgment, permanently stayed the warrant of eviction in a licensee summary proceeding. The order, insofar as cross-appealed from, granted appellant- respondent's motion for summary judgment. No final judgment has been entered pursuant to the order.
On the court's own motion, it is
ORDERED that the appeal is dismissed; and it is further,
ORDERED that the cross appeal is dismissed without prejudice to reinstatement.
An appeal to this court as of right lies only from a final judgment or an order, or portion thereof, that determines a motion made on notice (CCA 1702 [a]). The order, insofar as appealed from by appellant-respondent, did not determine a motion made on notice, as no cross motion for a permanent stay was made (see CPLR 2211 ["A motion on notice is made when a notice of the motion or an order to show cause is served"]). The protective cross appeal is dismissed without prejudice to reinstatement because respondents-appellants are not aggrieved by the grant of summary judgment of possession so long as the warrant is permanently stayed (see CPLR 5511).
ENTER:
Paul Kenny
Chief Clerk