| Francisco Matute v Flor C. Hernandez |
| Motion No: 2014-02463 NC |
| Slip Opinion No: 2014 NY Slip Op 93559(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
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Francisco Matute, Respondent, v Flor C. Hernandez, Appellant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from orders of the District Court of Nassau County, First District, dated August 7, 2014 and August 26, 2014, respectively, and from a final judgment of the same court entered September 19, 2014, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
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 order dated August 7, 2014 is dismissed, as no appeal lies from an order 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, on the court's own motion, that so much of the appeal as is from the order dated August 26, 2014 is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of the final judgment on September 19, 2014 (see Matter of Aho, 39 NY2d 241, 248 [1976]); the issues raised on the appeal from the order may be brought up for review and considered on the appeal from the judgment (see CPLR 5501 [a] [1]); and it is further,
ORDERED that appellant's motion is denied.
ENTER:
Paul Kenny
Chief Clerk