| Amalgamated Warbasse Houses, Inc. v Harvey Garner As Adminstrator of Estate of Henrietta Garner, Tenant, Jacqueline Taylor |
| Motion No: 2012-00337 kc |
| Slip Opinion No: 2012 NY Slip Op 68521(U) |
| Decided on March 23, 2012 |
| 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.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Amalgamated Warbasse Houses, Inc., Respondent, v Harvey Garner as Adminstrator of the Estate of Henrietta Garner, Tenant, Jacqueline Taylor, Appellant, et al., Undertenant. |
Motion by appellant to be restored to possession pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated January 30, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed as no appeal lies from an order made upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]). The proper procedure is for that party to move to vacate its default and, if necessary, appeal from the order determining the motion to vacate (id.); and it is further,
ORDERED that appellant's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk