| Bodek v Appell |
| Motion No: 2006-06181 |
| Slip Opinion No: 2006 NYSlipOp 72043(U) |
| Decided on July 14, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M42084
O/sl
ROBERT W. SCHMIDT, J.P.
WILLIAM F. MASTRO
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2006-06181 Erno Bodek, appellant, v David Appell, et al., defendants, Erasmo Taveras, respondent. (Index No. 5032/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated June 9, 2006, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from so much of the order as granted the respondent's motion to vacate a judgment of the same court entered August 19, 2005, is dismissed, without costs or disbursements, as no appeal lies from a order entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the motion is denied
SCHMIDT, J.P., MASTRO, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court