Opinion
570938/07.
Decided March 20, 2009.
Tenant appeals from 1) a default final judgment of the Civil Court of the City of New York, New York County (Kevin C. McClanahan, J.), entered July 18, 2007, which awarded landlord possession and a recovery of rent arrears in the sum of $2,847.35 in a nonpayment summary proceeding; 2) an order, same court (David B. Cohen, J.), dated November 29, 2007, which, upon tenant's default, authorized landlord to execute the warrant of eviction; and 3) an order, same court (David B. Cohen, J.), dated December 10, 2007, which declined to sign an order to show cause.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
Appeals from default final judgment (Kevin C. McClanahan, J.), entered July 18, 2007, and orders (David B. Cohen, J.), dated November 29, 2007, and December l0, 2007, respectively, are dismissed, without costs, as taken from nonappealable papers.
No appeal lies from a judgment or order entered on the default of an aggrieved party (CPLR 5511; Figiel v Met Food, 48 AD3d 330) or from an order declining to sign an order to show cause (CPLR 5701[a][2]; Heath v Wojtowicz, 48 AD3d 214, lv denied 10 NY3d 708). Were we to consider the issues raised, we would affirm.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.