| Greenview W. Sayville, Inc. v Rose Vanguidler |
| Motion No: 2014-00005 SC |
| Slip Opinion No: 2014 NY Slip Op 63639(U) |
| Decided on January 30, 2014 |
| 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
ANTHONY MARANO, JJ.
DECISION & ORDER ON MOTION
| Greenview West Sayville, Inc., Respondent, v Rose Vanguidler, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Fifth District, entered December 19, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal lies from a final 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 to vacate her 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 academic.
ENTER:
Paul Kenny
Chief Clerk