| Camille Franco v Kema Quinones |
| Motion No: 2017-00358 KC |
| Slip Opinion No: 2017 NY Slip Op 92651(U) |
| Decided on November 8, 2017 |
| 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
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Camille Franco, Respondent, v Kema Quinones, Appellant. |
On the court's own motion, this appeal from an order of the Civil Court of the City of New York, Kings County, entered January 23, 2017, is stricken from the appeals calendar and the general calendar.
The appeal is from an order which denied a motion by appellant to vacate a "default judgment." However, it appears that, on the day of trial, while appellant did not appear, appellant's attorney appeared to request an adjournment, which apparently was denied, and the matter proceeded to inquest. A judgment entered following the denial of an adjournment is directly appealable with respect to that denial (see e.g. Park Lane N. Owners, Inc. v Gengo, 151 AD3d 874 [2017]). In the circumstances presented, a transcript of the proceedings on the day of trial must be provided.
ENTER:
Paul Kenny
Chief Clerk