| Lakeview Affordable Hous., LLC v Oshun Turner |
| Motion No: 2018-01731 WC |
| Slip Opinion No: 2018 NY Slip Op 91361(U) |
| Decided on December 10, 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
| Lakeview Affordable Housing, LLC, Respondent, v Oshun Turner, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the City Court of White Plains, Westchester County, entered June 22, 2018. Separate motion by respondent to dismiss the appeal for lack of prosecution, and for other relief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for the purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal is dismissed; and it is further,
ORDERED that appellant's motion and respondent's motion are denied as academic.
The final judgment entered June 22, 2018 was entered on appellant's default and is not appealable by appellant (see CPLR 5511). While the record contains a transcript of oral argument on August 6, 2018, at which the final judgment was purportedly amended, a transcript is not an appealable paper (see CPLR 5512 [a]; Dorizas v Island Insulation Corp., 254 AD2d 246 [1998]; Ojeda v Metropolitan Playhouse, 120 AD2d 717 [1986]) and no amended final judgment appears in the record.
ENTER:
Paul Kenny
Chief Clerk