| Bourne & Kenney Redevelopment v Regina Lewis |
| Motion No: 2023-00868 ORC |
| Slip Opinion No: 2023 NY Slip Op 79693(U) |
| Decided on December 29, 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
JAMES P. McCORMACK, J.P.
JERRY GARGUILO
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| Bourne and Kenney Redevelopment, Respondent, v Regina Lewis, Appellant. |
Motion by appellant for permission to prosecute the appeal as a poor person on an appeal from an order of the City Court of Newburgh, Orange County, entered August 4, 2023.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal be 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 the motion for permission to prosecute the appeal as a poor person is denied as moot.
Appellants' remedy, if they be so advised, is to move in the City Court to vacate the August 4, 2023 order.
ENTER:
Paul Kenny
Chief Clerk