| Lehn Co. v Boss Laundromat Servs. Corp., Boss Laundry Servs. Corp. & Boss Laundromat, Inc. |
| Motion No: 2012-02541 sc |
| Slip Opinion No: 2012 NY Slip Op 95037(U) |
| Decided on December 27, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| Lehn Company, Respondent, v Boss Laundromat Services Corp., Boss Laundry Services Corp. and Boss Laundromat, Inc., Appellants. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Sixth District, entered April 13, 2012, and a warrant and order of the same court dated, respectively, October 18, 2012 and November 19, 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 so much of the appeal as is from the final judgment is dismissed on the ground that no appeal lies from a judgment made 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 so much of the appeal as is from the warrant is dismissed on the ground that no appeal lies from a warrant (see Corrado v Harris, 13 Misc 3d 4 (App Term, 2d & 11th Jud Dists 2006); and it is further,
ORDERED that so much of the appeal as is from the order dated November 19, 2012 is dismissed on the ground that no appeal lies from a refusal to sign an order to show cause (UDCA 1702 [a] [2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]; Khanal v Sheldon, 74 AD3d 894 [2010]; Gache v Town/Village of Harrison, 251 AD2d 624 [1998]; People ex rel. Aguilar v Kelly, 143 AD2d 535 [1988]; Poplar Realty v Po, 3 Misc 3d 22 [App Term, 2d & 11th Jud Dists 2003]; 10 Carmody-Wait 2d, NY Prac § 70:8, at 238; cf. CPLR 5704); and it is further,
ORDERED that appellant's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk