Greenview W. Sayville, Inc. v. Vanguidler

Full title: Greenview West Sayville, Inc., Respondent, v. Rose Vanguidler, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Jan 30, 2014

2014 N.Y. Slip Op. 63639 (N.Y. App. Term 2014)

Opinion

Motion No: 2014-00005 SC

01-30-2014

Greenview West Sayville, Inc., Respondent, v. Rose Vanguidler, Appellant.

FRANCIS A. NICOLAI, P.J.

ANGELA G. IANNACCI

ANTHONY MARANO, 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, Fifth District, entered December 19, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal lies from a final judgment entered upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]). The proper procedure is for that party to move to vacate her default and, if necessary, appeal from the order determining the motion to vacate (id.); and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk