| Walter Van Houten Et Al. v Tisha Collette |
| Motion No: 2014-02361 SC |
| Slip Opinion No: 2014 NY Slip Op 93555(U) |
| Decided on December 15, 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
ANGELA G. IANNACCI, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Walter Van Houten et al., Respondents, v Tisha Collette, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from final judgments of the Justice Court of the Town of Southampton, Suffolk County, entered July 25, 2005 and August 22, 2005, respectively.
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 from the final judgment entered July 25, 2005 is dismissed, as no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511), and on the further ground that the final judgment entered July 25, 2005 was superseded by the final judgment entered August 22, 2005; and it is further,
ORDERED that appellant's motion is granted on condition that the appeal be perfected by February 6, 2015; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondents may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk