| Howard Singer v Patricia Jostin |
| Motion No: 2019-00502 QC |
| Slip Opinion No: 2019 NY Slip Op 68019(U) |
| Decided on April 4, 2019 |
| 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 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Howard Singer, Appellant, v Patricia Jostin, Respondent, and James Jostin and Jason Jostin, Tenants. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered January 29, 2019. The order conditionally stayed execution of the warrant through February 28, 2019.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Appellant did not submit any papers in opposition to respondent's motion giving rise to the January 29, 2019 order. No appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Benitez v Olson, 29 AD3d 503 [2006]; Viggiani v Grodotzke, 306 AD2d 273 [2003]; see also M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]). In addition, the appeal was rendered moot upon expiration of the stay (see State of New York v General Elec. Co., 103 AD2d 985 [1984]).
ENTER:
Paul Kenny
Chief Clerk