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Ibrahim v. Hyra

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Jun 20, 2018
2018 N.Y. Slip Op. 76358 (N.Y. App. Term 2018)

Opinion

Motion No: 2018-00760 PC

06-20-2018

Munir Ibrahim, Respondent, v. Marek Hyra, Appellant, et al., Undertenants.


BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of Carmel, Putnam County, entered April 19, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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]). The proper procedure is for that party to move to vacate his default and, if necessary, appeal from the order determining the motion to vacate; and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk


Summaries of

Ibrahim v. Hyra

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Jun 20, 2018
2018 N.Y. Slip Op. 76358 (N.Y. App. Term 2018)
Case details for

Ibrahim v. Hyra

Case Details

Full title:Munir Ibrahim, Respondent, v. Marek Hyra, Appellant, et al., Undertenants.

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

Date published: Jun 20, 2018

Citations

2018 N.Y. Slip Op. 76358 (N.Y. App. Term 2018)