Opinion
Motion No: 2018-02250 SC
01-17-2019
Smithtown Properties, LLC, Respondent, v. 281 West Main Corp., Michael Kreischer and Elizabeth Pyros, etc., Appellants.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
Motion by appellant Elizabeth Pyros for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Fourth District, entered October 30, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED, on the court's own motion, that so much of the appeal as was taken on behalf of 281 West Main Corp. is dismissed, as a corporation cannot appear without counsel (see CPLR 321 [a]; Hilton Apothecary v State of New York, 89 NY2d 1024 [1997]; Matter of Tenant Comm. of 36 Gramercy Park v New York State Div. of Hous. & Community Renewal, 108 AD3d 413 [2013]).
ENTER:
Paul Kenny
Chief Clerk