Appellate Division: Second Judicial Department

M197406

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2015-06499, 2015-06574, 2015-06575, 2015-06576 In the Matter of Everton Moore, petitioner- respondent, v Nola Clarke, appellant, et al., respondents. (Index No. 1633/15)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay her eviction from the subject premises, pending hearing and determination of appeals from a judgment of the Supreme Court, Orange County, dated April 15, 2015, two orders of the same court dated June 3, 2015, and July 14, 2015, respectively, and a warrant of eviction of the same court dated June 3, 2015.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeals from the judgment and the order dated June 3, 2015, are dismissed, without costs or disbursements, on the ground that no appeal lies from a judgment or an order entered upon the default of an appealing party (see CPLR 5511); and it is further,

ORDERED that on the Court's own motion, the appeal from the warrant of eviction is dismissed, without costs or disbursements, on the ground that no appeal lies from a warrant of eviction (see CPLR 5701); and it is further,

ORDERED that the motion is denied.

BALKIN, J.P., ROMAN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court