| Greeley Tailors, Ii, LLC v Sumaya Yousef, Tenant, Et Al., Undertenants, & Widad Yousef Sued Herein As "jane Doe" |
| Motion No: 2015-00358 WC |
| Slip Opinion No: 2015 NY Slip Op 71307(U) |
| Decided on April 17, 2015 |
| 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
JERRY GARGUILO, J.P.
ANTHONY MARANO
FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
| Greeley Tailors, II, LLC, Respondent, v Sumaya Yousef, Tenant, et al., Undertenants, and Widad Yousef sued herein as "Jane Doe", Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of New Castle, Westchester County, entered February 4, 2015.
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 the appeal is dismissed, as no appeal lies from a 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