Douglas Rosenberg, Receiver v Radyopanou
Motion No: 2012-01354 kc
Slip Opinion No: 2012 NY Slip Op 78693(U)
Decided on June 25, 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.


Appellate Term of the Supreme Court

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

2012-1354 K C
Douglas Rosenberg, Receiver, Respondent, v Radyopanou, Appellant.

Appeals from an order of the Civil Court of the City of New York, Kings County, entered January 31, 2012, and from a final judgment of the same court entered May 18, 2012.

On the court's own motion, it is

ORDERED that the appeal from the order entered January 31, 2012, which denied appellant's motion to vacate a default final judgment entered November 15, 2011, is dismissed as moot, as that default final judgment was vacated by so-ordered stipulation dated February 14, 2012; and it is further,

ORDERED that the appeal from the final judgment entered May 18, 2012 is dismissed on the ground that no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511).

ENTER:

Paul Kenny

Chief Clerk