Opinion
Motion No: 2017-00358 KC
11-08-2017
Camille Franco, Respondent, v. Kema Quinones, Appellant.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
On the court's own motion, this appeal from an order of the Civil Court of the City of New York, Kings County, entered January 23, 2017, is stricken from the appeals calendar and the general calendar.
The appeal is from an order which denied a motion by appellant to vacate a "default judgment." However, it appears that, on the day of trial, while appellant did not appear, appellant's attorney appeared to request an adjournment, which apparently was denied, and the matter proceeded to inquest. A judgment entered following the denial of an adjournment is directly appealable with respect to that denial (see e.g. Park Lane N. Owners, Inc. v Gengo, 151 AD3d 874 [2017]). In the circumstances presented, a transcript of the proceedings on the day of trial must be provided.
ENTER:
Paul Kenny
Chief Clerk