Code Enforcement Corp. v Midwood Chayim Aruchim Dialysis Assoc., Inc. a/k/a Midwood Dialysis Ctr.

Code Enforcement Corp. v Midwood Chayim Aruchim Dialysis Assoc., Inc. a/k/a Midwood Dialysis Ctr.

Motion No: 2007-00586 KC

Slip Opinion No: 2007 NYSlipOp 70141(U)

Decided on May 21, 2007

Appellate Term, 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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and RIOS, JJ.

NO. 2007-586 K C

CODE ENFORCEMENT CORP.,

Respondent,

-against-

MIDWOOD CHAYIM ARUCHIM
DIALYSIS ASSOCIATES, INC. a/k/a
MIDWOOD DIALYSIS CENTER,

Appellant.

DECISION

Motion by appellant for a stay pending determination of the appeal is denied.

On the court's own motion, appeal dismissed.

The appeal is dismissed since no appeal lies by a defaulting party from an order entered on default.

Appellant, if it be so advised, may move to vacate the default in the court below, and if necessary, take an appeal from an order resulting in an adverse determination.