[*1]
West 141 St. HDFC v Jones
2008 NY Slip Op 50183(U) [18 Misc 3d 135(A)]
Decided on January 31, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 31, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ
570129/07.

The West 141 Street HDFC, Petitioner-Landlord-Respondent,

against

Lois Jones, Respondent-Tenant-Appellant.


Tenant purports to appeal from an ex parte order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated February 26, 2007.


Per Curiam.
Appeal from order (Jean T. Schneider, J.), dated February 26, 2007, dismissed, without costs, as nonappealable.

No appeal lies from an ex parte order (see CPLR 5701; Sholes v Meagher, 100 NY2d 333 [2003]). In any event, were we to deem the appeal to be from an order dated February 23, 2007 denying tenant's motion to vacate her default under a so-ordered stipulation of settlement, we would affirm, given tenant's repeated failure to comply with the payment terms of the stipulation.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 31, 2008