22 NYCRR 202.48 Submission of orders, judgments and decrees for signature
Redeemed Christian Church of God Tabernacle of Restoration v Green, 2009 NY Slip Op 04125 (App. Div., 1st, 2009)
Appeal from order, Supreme Court, New York County (Norma Ruiz, J.),
entered February 5, 2008, which, to the extent appealed from, in this
action for specific performance of a contract for the sale of real
property, denied plaintiff's motion pursuant to CPLR 3211(a)(4) to
dismiss a related holdover proceeding in Civil Court or, in the
alternative, to stay the holdover proceeding or to consolidate it with
this action, and awarded defendants, sua sponte, use and occupancy,
unanimously dismissed, without costs, as academic.It is undisputed that on February 28, 2008, the Civil Court
entered a default judgment against plaintiff in the related holdover
proceeding. As such, that proceeding has concluded, thereby rendering
moot the portion of this appeal addressing it. The appeal is also moot
to the extent it addresses the motion court's sua sponte grant of use
and occupancy to defendants. Since defendants never settled an order on
that decision, as directed by the motion court, it was abandoned and
never took effect (see Uniform Rules for Trial Cts [22 NYCRR] § 202.48(b)]).
Capogrosso v Reade Broadways Assoc., 2009 NY Slip Op 04280 (App. Div., 1st, 2009)
There is no merit to plaintiff's argument that because defendant did
not settle an order within 60 days of the trial court's decision,
defendant's claims underlying the award of damages in the judgment
should be deemed abandoned pursuant to 22 NYCRR 202.48. The directive
in the decision to "[s]ettle order on notice" pertained only to so much
of the decision as determined that defendant was entitled to reasonable
attorneys' fees and referred defendant's claim therefor to a Special
Referee for a report or, upon the parties' stipulation, a
determination. The settle order directive could not have had any
pertinence to so much of the decision as awarded defendant a sum
certain, " which speaks for itself'" (Farkas v Farkas, 11 NY3d 300, 309 [2008], quoting Funk v Barry,
89 NY2d 364, 367 [1996]). Indeed, the decision was fairly explicit in
"permit[ting]" defendant to enter a money judgment for that sum certain
without further court involvement.
The bold is mine.
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