| Lewis v Foothill Mountain Inc. |
| Motion No: 2018-03626 |
| Slip Opinion No: 2018 NY Slip Op 78248(U) |
| Decided on July 20, 2018 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M252887
E/mm
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
|
2018-03626, 2018-03627 David Lewis, respondent, v Foothill Mountain, Inc., appellant. (Index No. 15241/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a judgment of the Supreme Court, Nassau County, dated May 12, 2009, and an order of the same court entered January 12, 2018, inter alia, to stay enforcement of the judgment pending hearing and determination of the appeals, for a preference in the calendaring of the appeals, and to consolidate the appeals.
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 appeal from the judgment is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the branches of the motion which are to consolidate the appeals and for a preference in the calendaring of the appeal from the judgment are denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court