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MATTER OF CUCS HDFC v. AYMES

Index No. 159303/18. Appeal No. 13124-13125. Case No. 2020-01458. 2020-01456.

191 A.D.3d 522 (2021)

138 N.Y.S.3d 334

2021 NY Slip Op 00991

In the Matter of CUCS HDFC et al., Respondents, v. Clifford S. Aymes, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 16, 2021.

Attorney(s) appearing for the Case

Clifford Aymes, appellant pro se.

Klein Slowik PLLC, New York ( Christopher M. Slowik of counsel), and Henry H. Korn, PLLC, New York ( Henry H. Korn of counsel), for respondents,

Concur—Gische, J.P., Moulton, González, Scarpulla, JJ.

The interim order from which respondent purports to appeal is not appealable as of right (see CPLR 5701[a][2]; Carter v Isabella Geriatric Ctr., Inc., 60 A.D.3d 520 [1st Dept 2009]). If we were to review it, we would conclude that the court providently exercised its discretion in granting petitioners a license pursuant to RPAPL 881 to erect a sidewalk shed over portions of respondent's property as overhead protection.

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