Opinion
2006-1481 Q C.
Decided March 7, 2008.
Appeal from an order of the Civil Court of the City of New York, Queens County (Anne Katz, J.), entered July 28, 2006. The order granted a cross motion by Gregory M. LaSpina to intervene and dismiss the petition.
Appeal dismissed.
PRESENT: WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.
Prior to the commencement of this holdover summary proceeding, a temporary receiver was appointed in a foreclosure action. The temporary receiver cross-moved to intervene and dismiss the holdover petition on the ground that the order of the Supreme Court, rendered May 18, 2005, inter alia, enjoined and restrained landlord from collecting rents and interfering in any manner with the property or its possession. The cross motion was unopposed and the court granted the relief requested.
Since landlord failed to submit opposition to said cross motion, the order granting the relief requested was entered on default, and no appeal lies therefrom by the defaulting party ( see CPLR 5511; Coneys v Johnson Controls, Inc., 11 AD3d 576; Marino v Termini, 4 AD3d 342; Adamson v Evans, 283 AD2d 527). Accordingly, the appeal is dismissed.
Weston Patterson, J.P., and Golia, J., concur.
Belen, J., taking no part.