Elda Vilsaint v James Raphael
Motion No: 2018-01705 KC
Slip Opinion No: 2018 NY Slip Op 81832(U)
Decided on August 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2018-1705 K C
Elda Vilsaint, Respondent, v James Raphael, Appellant, and William Boirond, Tenant, et al., Undertenants.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered May 14, 2018.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), and as any right of direct appeal from the order terminated with the entry of a final judgment on June 4, 2018 (see Matter of Aho, 39 NY2d 241, 248 [1976]).

ENTER:

Paul Kenny

Chief Clerk