| Munir Ibrahim v Marek Hyra |
| Motion No: 2018-00760 PC |
| Slip Opinion No: 2018 NY Slip Op 76358(U) |
| Decided on June 20, 2018 |
| 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
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Munir Ibrahim, Respondent, v Marek Hyra, Appellant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of Carmel, Putnam County, entered April 19, 2018.
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 his default and, if necessary, appeal from the order determining the motion to vacate; and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk