| Elite Mart Corp. v Dot Net, Inc., Nazneen Mamoon, Kamal Mridha & Lutsunnessa Rahmen |
| Motion No: 2011-02088 qc |
| Slip Opinion No: 2011 NY Slip Op 85762(U) |
| Decided on September 28, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Elite Mart Corp., Respondent, v Dot Net, Inc., Nazneen Mamoon, Kamal Mridha and Lutsunnessa Rahmen, Appellants. |
Separate motions by appellants for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Queens County, dated May 20, 2011, and for related relief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions by appellants are consolidated for purposes of disposition; and it is further,
ORDERED, on the court's own motion, that so much of the appeal as was taken by appellant Dot Net, Inc. is dismissed on the ground that appellant must appear by attorney (see CPLR 321 [a]; Hilton Apothecary v State of New York, 89 NY2d 1024 [1997]), and so much of the appeal as was taken by the individual appellants is dismissed on the ground that no appeal lies from a final judgment entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that appellants' motions are denied as academic.
ENTER:
Paul Kenny
Chief Clerk