PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND GORSKI, JJ.

DOCKET NO. CA 10-00581

WM SPECIALTY MORTGAGE LLC, PLAINTIFF-RESPONDENT, V MARY J. CHRIST, DEFENDANT-APPELLANT, BUFFALO NEIGHBORHOOD REVITALIZATION CORPORATION, ET AL., DEFENDANTS.

Appellant having moved, upon the return of an order to show cause granted by the Honorable Jerome C. Gorski on March 4, 2010, for a stay of all proceedings to enforce an order of the Supreme Court, entered in the Office of the Clerk of the County of Erie on February 3, 2010, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affidavit of Mary J. Christ sworn to February 25, 2010,

said show cause order with proof of service thereof, the affidavit of David P. Case, Esq. sworn to March 12, 2010, the statement of Mary J. Christ dated March 15, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied, and the appeal is dismissed without costs.

Memorandum: Because respondent's motion for an order of eviction was granted upon default, appellant is statutorily barred from taking an appeal from the resulting order, and appellant's sole remedy is a motion to vacate the order entered upon her default (see Lauer v City of Buffalo, 53 AD3d 213, 215; see also CPLR 5511).

Entered: April 19, 2010

Patricia L. Morgan, Clerk