Appellate Division: Second Judicial Department

M82584

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2008-01139, 2008-03423 Mary Hsiao Yung Wang, respondent, v Chei Fong Lee, et al., defendants, Yu Wen Kuo, appellant. (Appeal No. 1) Mary Hsiao Yung Wang, respondent, v Chei Fong Lee, appellant, et al. defendants. (Appeal No. 2) (Index No. 21693/01)

DECISION & ORDER ON MOTION

Motion by Chei Fong Lee on appeals from an order of the Supreme Court, Queens County, entered January 2, 2008, and a judgment of the same court entered March 10, 2008, to stay her eviction and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the court's own motion, the appeal from the order entered January 2, 2008, is dismissed, without costs or disbursements, on the ground that the appellant, Yu Wen Kuo, is not aggrieved by the order (see CPLR 5511); and it is further,

ORDERED that on the court's own motion, the appeal from the judgment entered March 10, 2008, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342); and it is further,

ORDERED that the motion is denied as academic.

MASTRO, J.P., COVELLO, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court