| Paula Redd Zemar v Sophia A. Rutty & Larry E. Kinnard |
| Motion No: 2011-01519 wc |
| Slip Opinion No: 2011 NY Slip Op 74619(U) |
| Decided on May 27, 2011 |
| 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.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Paula Redd Zemar, Respondent, v Sophia A. Rutty and Larry E. Kinnard, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of Greenburgh, Westchester County, entered May 5, 2011, and to vacate a default judgment.
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal lies from a judgment entered 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 branch of the motion seeking a stay is denied as moot; and it is further,
ORDERED that the branch of the motion seeking to vacate the final judgment entered May 5, 2011 is denied, as the proper procedure is for a defaulting party to move to vacate his or her default in the Justice Court and, if necessary, appeal from the order determining the motion to vacate (see Matter of Davy v Davy, 75 AD3d 506 [2010]).
ENTER:
Paul Kenny
Chief Clerk