| 123 Mgt. LLC v Eunice Roberts, Gary Myers, Darla Myers, Denise Richards, Darryl Porter, Esther Robinson, Morris Robinson, Alex Stanley, Glover Stanley, Mitchell Stanley, Lisa Coplin, Occupants, Aderibigbe Ogundiran |
| Motion No: 2024-00698 KC |
| Slip Opinion No: 2024 NY Slip Op 80750(U) |
| Decided on December 16, 2024 |
| 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
WAVNY TOUSSAINT, P.J.
CHEREÉ A. BUGGS
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| 123 Management LLC, Respondent, v Eunice Roberts, Gary Myers, Darla Myers, Denise Richards, Darryl Porter, Esther Robinson, Morris Robinson, Alex Stanley, Glover Stanley, Mitchell Stanley, Lisa Coplin, Occupants, Aderibigbe Ogundiran, Appellant, and "John Doe" and "Jane Doe", Undertenants. |
Motion by appellant for a stay of eviction pending determination of an appeal from an order of the Civil Court of the City of New York, dated July 3, 2024. Separate motion by appellant, in his purported capacity as trustee of a "Eunice Roberts Trust," for an order "vacating this entire case on the grounds of newly discovered evidence indicating fraudulent and irregular documentation and mismatched names."
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal is dismissed; and it is further,
ORDERED that the motions are denied as moot.
There is no order dated July 3, 2024 in this proceeding. While appellant attached a copy of an order dated July 1, 2024, we do not deem this appeal to be from that order. The July 1, 2024 order granted a motion to substitute the petitioner, and appellant did not oppose that motion. No appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
ENTER:
Paul Kenny
Chief Clerk