| B & A Warehousing Corp. & Realty Mgt. Co. v Anthony Gatto d/b/a Gatto Media |
| Motion No: 2008-00681 KC |
| Slip Opinion No: 2008 NYSlipOp 72908(U) |
| Decided on May 22, 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
| B & A WAREHOUSING CORP. and REALTY MANAGEMENT CO., Respondent, -against- ANTHONY GATTO d/b/a GATTO MEDIA, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending determination of the appeal is denied.
On the court's own motion, appeal is dismissed.
Since tenant-appellant submitted no papers in opposition to the motion of landlord-respondent 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 2004]; Scott v Mellen, NYLJ, Dec. 14, 2000 [App Term, 2d & 11th Jud Dists]). Appellant's remedy, if appellant be so advised, is to seek relief in the court below upon a written motion.