Sumet I Assocs., L.P. v. Cascarano

Full title: Sumet I Associates, L.P., Appellant, v. Francisco Cascarano, Respondent.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Jan 19, 2017

2017 N.Y. Slip Op. 62384 (N.Y. App. Term 2017)

Opinion

Motion No: 2015-00629 KC

01-19-2017

Sumet I Associates, L.P., Appellant, v. Francisco Cascarano, Respondent.

MICHAEL L. PESCE, P.J.

MARTIN M. SOLOMON

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Kings County, entered September 25, 2014. By order to show cause dated December 15, 2016, the parties were directed to show cause before this court why the appeal should or should not be dismissed on the ground that appellant had waived its right to appeal by accepting the benefit of the order appealed from.

Upon the order to show cause and the papers filed in support thereof and in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see Burkwit v Olson, 98 AD3d 1236, 1238 [2012]; HPS Holdings Co., LLC v AL & Assoc., LLC, 10 Misc 3d 135[A], 2005 NY Slip Op 52103[U] [App Term, 2d & 11th Jud Dists 2005]; Crystal Ridge Assoc. v Pascal, 2003 NY Slip Op 50669[U] [App Term, 2d & 11th Jud Dists 2003]).

ENTER:

Paul Kenny

Chief Clerk