Ronald Henry Land Trust v. Campos

Full title: Ronald Henry Land Trust, Respondent, v. Luis Campos, Appellant, et al.…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Aug 24, 2011

Motion No: 2011-02007 K C (N.Y. App. Term Aug. 24, 2011)

Opinion

Motion No: 2011-02007 K C

08-24-2011

Ronald Henry Land Trust, Respondent, v. Luis Campos, Appellant, et al., Nonparty-Appellants.

MICHAEL L. PESCE

, P.J.

JOSEPH G. GOLIA

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from an order and a final judgment of the Civil Court of the City of New York, Kings County, both entered June 10, 2011.

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; and it is further,

ORDERED that appellant's motion is denied as academic.

Since appellant submitted no papers in opposition to the motion of respondent giving rise to the order and final judgment being appealed, the order and final judgment are deemed entered on default and are not appealable (see CPLR 5511; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]; Vanderveer Apts. v Moore, 2 Misc 3d 132[A], 2004 NY Slip Op 50123[U] [App Term, 2d & 11th Jud Dists 2004]; Scott v Mellen, NYLJ, Dec. 14, 2000 [App Term, 2d & 11th Jud Dists]). Appellant's remedy, if he be so advised, is to seek relief in the Civil Court upon a written motion.

ENTER:

Paul Kenny

Chief Clerk