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

Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of Somers, Westchester County, entered May 26, 2017, a warrant of the same court dated May 26, 2017, and a superseding final judgment of the same court entered July 31, 2017.

Upon the papers filed in support of the motion and no papers having been 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that so much of the appeal as is from the final judgment entered May 26, 2017 is dismissed, as that final judgment was superseded by the final judgment entered July 31, 2017, and on the further ground that no appeal lies from a judgment entered upon the default of the appealing party (see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 warrant dated May 26, 2017 is dismissed, as no appeal lies from a warrant (see Corrado v Harris, 13 Misc 3d 4 [App Term, 2d Dept, 2d & 11th Jud Dists 2006]); and it is further,

ORDERED that appellant's motion is granted on condition that the appeal be perfected on or before January 5, 2018; and it is further,

ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.

ENTER:

Paul Kenny

Chief Clerk