Second, Eleventh and Thirteenth JudicIal DistrictsCases released on: October 29, 2018
By: Pesce, P.J., Aliotta, Elliot, JJ.2016-3045 Q C. WESTSIDE 414, LLC v DUKHOVICH — Appeal from an order of the Civil Court of the City of New York, Queens County, entered April 28, 2016, which, among other things, granted respondent’s motion for summary judgment.On the court’s own motion, it isORDERED that the parties to the appeal are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order entered April 28, 2016 terminated with the entry of a judgment of the Civil Court, Queens County on October 19, 2016 (see Matter of Aho, 39 NY2d 241, 248 [1976]), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before November 16, 2018, or by making a motion, on or before November 16, 2018 to deem the notice of appeal from the order to be a notice of appeal from the judgment to the extent that it brings the order up for review (see CPLR 5501 [a] [1]), and to limit the issues raised by appellants on the appeal from the judgment to the issues raised in connection with the appeal from the summary judgment order; and it is further,ORDERED that the Clerk of this Court or his designee is directed to serve a copy of this order to show cause upon the parties to the appeal by regular mail.It is noted that inasmuch as appellants failed to appeal from any of the orders entered subsequent to the summary judgment order, they may only raise issues concerning that order.October 19, 20182017-1294 K C. SP PROP. 232 CT., LLC v IDEAL PROPS. GROUP, LLC — Motion by appellant for an order directing the release to appellant of the funds that were deposited on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated May 31, 2017, and a final judgment of that court entered June 6, 2017, which appeal was dismissed by decision and order on motion of this court dated May 16, 2018. Cross motion by respondent for an order directing the release of the funds to respondent.Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it isORDERED that appellant’s motion is denied; and it is further,ORDERED that respondent’s cross motion is granted to the extent of directing the New York City Department of Finance to release $182,393.58 of the funds on deposit in this matter to respondent SP Property 232 Court, LLC.October 19, 20182018-1479 K C. SP PROP. 232 CT., LLC v IDEAL PROPS. GROUP, LLC — Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered June 11, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted on condition that within 10 days from the date of this decision and order on motion appellant pay respondent any and all arrears in use and occupancy at the rate of $5,000 per month and continue to pay respondent use and occupancy at that rate as the same becomes due, and upon the further condition that the appeal be perfected by January 4, 2019; and it is further,ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay, on three days’ notice.October 19, 20182018-2055 Q C. STATE FARM MUT. AUTO. INS. CO. v AREA STORAGE & TRANSFER, INC. — Appeal from a judgment of the Civil Court of the City of New York, Queens County, entered August 7, 2018.On the court’s own motion, it isORDERED that the appeal is dismissed.No appeal lies from a judgment entered pursuant to CPLR 5003-a (see CPLR 5511). Appellant’s remedy, if it be so advised, is to move in the Civil Court for relief from the judgment.October 19, 20182018-2061 Q C. McMILLIAN v VERIZON CORP. OFF. — Appeal from an order of the Civil Court of the City of New York, Queens County, entered August 8, 2017, a small claims judgment of that court entered August 8, 2017, and a September 1, 2017 refusal by that court to sign an order to show cause. The notice of appeal was filed on March 1, 2018.On the court’s own motion, it isORDERED that the appeal is dismissed.So much of the appeal as is from the order entered August 8, 2017 denying appellant’s motion to transfer the small claims action to the Supreme Court is dismissed on the ground that any right of direct appeal from that order terminated with the entry of the judgment following the trial on that date (see Matter of Aho, 39 NY2d 241, 248 [1976]). So much of the appeal as was taken from the judgment is dismissed as untimely (see CCA 1703 [b]). No appeal lies from a refusal to sign an order to show cause (see CCA 1702 [a] [2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]).October 19, 2018
