| Kwame Wilkins v Jims Realty, L.L.C. |
| Motion No: 2008-01938 KC 11-19-2008 |
| Slip Opinion No: 2008 NYSlipOp 91454(U) |
| Decided on December 2, 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
| KWAME WILKINS, Respondent, -against- JIMS REALTY, LLC., Appellant. |
DECISION
Motion by landlord-appellant to stay the order of the court below dated October 23, 2008, which ordered respondent to be restored to the premises, is denied.
On the court's own motion, appeal is dismissed.
Since appellant submitted no papers in opposition to the motion of 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 it be so advised, is to seek relief in the court below upon a written motion.