Opinion
Motion No. 2023-00117 WC
04-20-2023
720 Pelham, LLC & K5 Fund I 720 Pelham, LLC, Respondents, v. Scott Stevenson, Appellant, et al., Undertenants.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J. JAMES P. McCORMACK GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to stay all proceedings pending the determination of an appeal from a judgment of the City Court of New Rochelle, Westchester County, entered January 13, 2023. Separate motion by respondent to dismiss the appeal for failure to prosecute.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motions are consolidated for the purpose of disposition; and it is further, ORDERED, on the court's own motion, that the appeal is 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 appellant's motion for a stay pending appeal and respondent's motion to dismiss for failure to prosecute are denied as moot.