Xiu Jian Sun v. Yeung

Appellate Division of the Supreme Court of New York

Xiu Jian Sun v. Yeung

132 A.D.3d 756, 17 N.Y.S.3d 660

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 14, 2015

Docket2014-08945

StatusPublished

This text of 132 A.D.3d 756 (Xiu Jian Sun v. Yeung) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Xiu Jian Sun v. Yeung, 132 A.D.3d 756, 17 N.Y.S.3d 660 (N.Y. Ct. App. 2015).

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Opinion

Appeal by the plaintiff, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Pineda-Kirwan, J.), dated July 22, 2014, as granted that branch of the defendants’ unopposed motion which was to dismiss the complaint.

Ordered that the appeal is dismissed, without costs or disbursements, as the plaintiff is not aggrieved by the portion of the order appealed from (see CPLR 5511).

The plaintiff is not aggrieved by the portion of the order appealed from, as he did not submit opposition to the defendants’ motion to dismiss the complaint (see CPLR 5511; Janiak v Ewall, 88 AD3d 849, 850 [2011]; Ponce-Francisco v Plainview-Old Bethpage Cent. School Dist., 83 AD3d 683, 684 [2011]). Thus, the appeal must be dismissed.

Mastro, J.P., Leventhal, Duffy and Barros, JJ., concur.

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Appeal by the plaintiff, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Pineda-Kirwan, J.), dated July 22, 2014, as granted that branch of the defendants’ unopposed motion which was to dismiss the complaint.

Ordered that the appeal is dismissed, without costs or disbursements, as the plaintiff is not aggrieved by the portion of the order appealed from (see CPLR 5511).

The plaintiff is not aggrieved by the portion of the order appealed from, as he did not submit opposition to the defendants’ motion to dismiss the complaint (see CPLR 5511; Janiak v Ewall, 88 AD3d 849, 850 [2011]; Ponce-Francisco v Plainview-Old Bethpage Cent. School Dist., 83 AD3d 683, 684 [2011]). Thus, the appeal must be dismissed.

Mastro, J.P., Leventhal, Duffy and Barros, JJ., concur.

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Bluebook (online)

132 A.D.3d 756, 17 N.Y.S.3d 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/xiu-jian-sun-v-yeung-nyappdiv-2015.

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