Tenant Can't Appeal Part of Order

April 1, 2006

LVT Number: 18766

Landlord sued to eject tenant. The court ruled for landlord and stated that no further order to show cause should be given to tenant to delay the eviction. Tenant appealed the part of the order denying a further order to show cause for relief. The appeals court ruled against tenant. The court's statement wasn't made in response to any demand for relief by landlord or tenant. The part of the court's order denying any further order to show cause was made by the court on its own. So tenant had no right to directly appeal that portion of the order.

Landlord sued to eject tenant. The court ruled for landlord and stated that no further order to show cause should be given to tenant to delay the eviction. Tenant appealed the part of the order denying a further order to show cause for relief. The appeals court ruled against tenant. The court's statement wasn't made in response to any demand for relief by landlord or tenant. The part of the court's order denying any further order to show cause was made by the court on its own. So tenant had no right to directly appeal that portion of the order. Procedurally, tenant should have asked the lower court to vacate that portion of the order. If the request was denied, tenant could file a notice of appeal.

Green v. Crosby: NYLJ, 3/17/06, p. 26, col. 6 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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