| Joseph Russo v Yvette Puma |
| Motion No: 2015-01259 RIC |
| Slip Opinion No: 2015 NY Slip Op 80684(U) |
| Decided on July 21, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Joseph Russo, Respondent, v Yvette Puma, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Richmond County, entered March 12, 2015, and from orders of the same court dated March 30, 2015 and April 21, 2015, respectively.
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 final judgment entered March 12, 2015 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]); and it is further,
ORDERED, on the court's own motion, that so much of the appeal as is from the order dated April 21, 2015 is dismissed, as no appeal lies from a refusal to sign an order to show cause (Matter of Allah v Scheinman, 61 NY2d 755 [1984]); and it is further,
ORDERED that appellant's motion is denied.
ENTER:
Paul Kenny
Chief Clerk