1420-1424 Gateway Blvd., LLC v Jessie

[*1] 1420-1424 Gateway Blvd., LLC v Jessie 2010 NY Slip Op 50706(U) [27 Misc 3d 133(A)] Decided on April 13, 2010 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 13, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., WESTON and RIOS, JJ
2009-1215 Q C.

1420-1424 Gateway Boulevard, LLC, Appellant,

against

Bennie Jessie, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Anne Katz, J.), entered March 11, 2009. The order denied landlord's motion for leave to reargue tenant's prior motion to vacate a stipulation.

ORDERED that the appeal is dismissed.

On January 13, 2009, tenant moved to vacate a stipulation entered into on January 6, 2009, wherein the parties had agreed to, among other things, convert the nonpayment proceeding into a holdover proceeding. By order dated January 20, 2009, the Civil Court granted tenant's motion and restored the case to the calendar. Landlord subsequently moved for an order "Reconsidering the Court's Decision dated January 20, 2009." By order dated March 11, 2009, landlord's motion was denied. Although landlord used the word "reconsider," it is clear that it sought leave to reargue. Since no appeal lies from an order denying leave to reargue, the appeal is dismissed (see Bermudez v City of New York, 66 AD3d 724 [2009]; Malik v Campbell, 289 AD2d 540 [2001]).

Golia, J.P., Weston and Rios, JJ., concur.
Decision Date: April 13, 2010