Opinion
Motion No: 2015-01984 KC
12-09-2015
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 14, 2015. By order to show cause dated October 29, 2015, appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that he is not aggrieved by the order appealed from (see CPLR 5511) in that he defaulted in appearing in court on August 14, 2015 whereupon the order appealed from was made.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk