Opinion
2011-2393 S C
12-13-2011
Federal Home Loan Mortgage Corporation, Respondent, v. Mohammad A. Khokar et al., Occupants, and Barbara A. Baumgarten, Appellant.
, J.P.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Sixth District, entered December 9, 2011, and from a warrant issued pursuant thereto on the same day. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion. Separate motion by appellant to serve and file reply papers.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that the motions by appellant and respondent are consolidated for purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]), or from a warrant (see UDCA 1702; Corrado v Harris, 13 Misc 3d 4 [App Term, 9th & 10th Jud Dists 2006]); and it is further,
ORDERED that appellant's motions and respondent's motion are denied as academic.
ENTER:
Paul Kenny
Chief Clerk