| Pembroke Realty Co. v Frank O'brien & Marcia Atkinson |
| Motion No: 2007-01183 KC |
| Slip Opinion No: 2008 NYSlipOp 61104(U) |
| Decided on January 3, 2008 |
| 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| PEMBROKE REALTY COMPANY, Respondent, -against- FRANK O'BRIEN and MARCIA ATKINSON, Appellants, -and- ANDREW SHARPE and "JOHN DOE"/"JANE DOE", Undertenants. |
DECISION
Motion by tenants-appellants for an enlargement of time to perfect the appeal and to continue the stay granted by the court below is denied.
On the court's own motion, appeal dismissed.
Since tenants-appellants submitted no papers in opposition to the motion of landlord giving rise to the order being appealed, the order is deemed entered on default and is not appealable (Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]; Vanderveer Apts. v Moore, 2 Misc 3d 132[A], 2004 NY Slip Op 50123[U] [App Term, 2d & 11th Jud Dists]; Scott v Mellen, NYLJ, Dec. 14, 2000 [App Term, 2d & 11th Jud Dists]). Tenants' remedy, if they be so advised, is to seek relief in the court below upon a written motion.