Opinion
Motion No. 2023-00868 ORC
12-29-2023
Bourne & Kenney Redevelopment, Respondent, v. Regina Lewis, Appellant.
Unpublished Opinion
MOTION DECISION
JAMES P. McCORMACK, J.P. JERRY GARGUILO TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
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.