| Obdulio Centeno v Beatriz Tanchez Jimenez |
| Motion No: 2008-01820 KC |
| Slip Opinion No: 2008 NYSlipOp 90161(U) |
| Decided on November 18, 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
| OBDULIO CENTENO, Appellant, -against- BEATRIZ TANCHEZ JIMENEZ, Respondent. |
DECISION
Motion by landlord-appellant to stay enforcement of the order of the court below dated August 1, 2008 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 a order entered on default.
Appellant, if he 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.