| 720 Pelham, LLC & K5 Fund I 720 Pelham, LLC v Scott Stevenson |
| Motion No: 2023-00117 WC |
| Slip Opinion No: 2023 NY Slip Op 65892(U) |
| Decided on April 20, 2023 |
| 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
JERRY GARGUILO, P.J.
JAMES P. McCORMACK
GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
| 720 Pelham, LLC & K5 Fund I 720 Pelham, LLC, Respondents, v Scott Stevenson, Appellant, et al., Undertenants. |
Motion by appellant to stay all proceedings pending the determination of an appeal from a judgment of the City Court of New Rochelle, Westchester County, entered January 13, 2023. Separate motion by respondent to dismiss the appeal for failure to prosecute.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motions are consolidated for the purpose of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that appellant's motion for a stay pending appeal and respondent's motion to dismiss for failure to prosecute are denied as moot.
ENTER:
Paul Kenny
Chief Clerk