| Simmons v Mansion Homes, Inc. |
| Motion No: 2006-04360 |
| Slip Opinion No: 2006 NYSlipOp 79003(U) |
| Decided on November 2, 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
M46488
O/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2006-04360 David Simmons, appellant, v Mansion Homes, Inc., et al., respondents. (Index No. 7576/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated March 23, 2006, pending hearing and determination of an appeal therefrom, and for leave to prosecute the appeal as a poor person.
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 defendant's cross motion for summary judgment is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see TPZ Corp. v Tsoukas, 264 AD2d 837); and it is further,
ORDERED that the motion is denied.
SANTUCCI, J.P., GOLDSTEIN, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court