| 45 Ocean Ave. LLC v Venard Johnson, Jr., Tenant, Phillis Forbes |
| Motion No: 2010-02954 kc |
| Slip Opinion No: 2010 NY Slip Op 92237(U) |
| Decided on December 28, 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 2nd, 11th & 13th judicial Districts
JOSEPH G. GOLIA, J.P.
MICHAEL L. PESCE
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| 45 Ocean Avenue LLC, Respondent, v Venard Johnson, Jr., Tenant, Phillis Forbes, Appellant, and John Doe and Jane Doe, Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered November 10, 2010. Separate motion by respondent for an enlargement of time to file papers in opposition to appellant's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal is dismissed on the ground that no appeal lies from a judgment made upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]); and it is further,
ORDERED that the motions by appellant and respondent are denied as academic.
ENTER:
Paul Kenny
Chief Clerk