1420-1424 Gateway Blvd., LLCv.Jessie

Appellate Term of the Supreme Court of New York, Second DepartmentApr 13, 2010
2009-1215 Q C (N.Y. Misc. 2010)
2009-1215 Q C2010 N.Y. Slip Op. 50706

2009-1215 Q C.

Decided on April 13, 2010.

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; Malik v Campbell, 289 AD2d 540).

Golia, J.P., Weston and Rios, JJ., concur.