| Stellar 117 Garth, L.L.C. v John Szewczuk |
| Motion No: 2010-01302 wc |
| Slip Opinion No: 2010 NY Slip Op 77026(U) |
| Decided on July 7, 2010 |
| 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Stellar 117 Garth, LLC., Respondent, v John Szewczuk, Appellant. |
Court's own motion to dismiss an appeal from a judgment of the Justice Court of the Town of Eastchester, Westchester County, dated January 22, 2010, and from a refusal of said court to sign an order to show cause on February 24, 2010.
ORDERED, on the court's own motion, that the appeal is dismissed.
The appeal is dismissed since no appeal lies by a defaulting party from a judgment entered on default (CPLR 5511) or from a refusal to sign an order to show cause (UJCA 1702 [a] [2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]; Gache v Town/Village of Harrison, 251 AD2d 624 [1998]; People ex rel. Aguilar v Kelly, 143 AD2d 535 [1988]; Poplar Realty v Po, 3 Misc 3d 22 [App Term, 2d & 11th Jud Dists 2003]; 10 Carmody-Wait 2d, NY Prac § 70:8, at 238; cf. CPLR 5704).
ENTER:
Paul Kenny
Chief Clerk