| Philip Miller v Isaac Mickens |
| Motion No: 2013-00762 kc |
| Slip Opinion No: 2013 NY Slip Op 75371(U) |
| Decided on May 15, 2013 |
| 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Philip Miller, Respondent, v Isaac Mickens, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated April 10, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the appeal is dismissed on the ground that appellant submitted no papers in opposition to the motion of respondent giving rise to the order being appealed; thus, the order is deemed entered on default and is not appealable (see CPLR 5511; M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]; Benitez v Olson, 29 AD3d 503 [2006]; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]). Appellant's remedy, if he be so advised, is to seek relief in the Civil Court upon a written motion; and it is further,
ORDERED that appellant's motion for a stay is denied as academic.
ENTER:
Paul Kenny
Chief Clerk