| Krieart, LLC v Welpak Corporation |
| Motion No: 2019-11670 |
| Slip Opinion No: 2019 NY Slip Op 85895(U) |
| Decided on December 12, 2019 |
| 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
M268158
kbp/
LEONARD B. AUSTIN, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2019-11670 Krieart, LLC, respondent, v Welpak Corporation, et al., appellants. (Index No. 709909/19)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Queens County, entered October 9, 2019, pending hearing and determination of an appeal therefrom, or, in the alternative, to direct the respondent to post an undertaking in the amount of $53,895.89. Separate motion by the appellants to strike the respondent's opposition to the appellants' motion for a stay.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the motions are denied as academic.
AUSTIN, J.P., ROMAN, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court