| Atlantic Towers Apt. Corp. v Joel C. Bloch |
| Motion No: 2012-00705 kc |
| Slip Opinion No: 2012 NY Slip Op 72741(U) |
| Decided on May 1, 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
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Atlantic Towers Apt. Corp., Respondent, v Joel C. Bloch, Appellant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from a default final judgment of the Civil Court of the City of New York, Kings County, dated January 24, 2012, and to vacate the default final judgment.
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 a judgment entered 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 in the Civil Court to vacate his 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