Lauren Amato v Alex J. Urrea Learning Edge
Motion No: 2006-00435 roc
Slip Opinion No: 2006 NYSlipOp 71074(U)
Decided on June 19, 2006
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., TANENBAUM and LIPPMAN, JJ.

NO. 2006-435 RO C
LAUREN AMATO,

Respondent,

-against-


ALEX J. URREA
THE LEARNING EDGE,

Appellant.

DECISION

DECISION

On the court's own motion, appeal dismissed.

The appeal is dismissed since no appeal lies by a defaulting party from a judgment entered on default (CPLR 5511; Smith v Richards, 286 AD2d 393 [2001]; Eller v Eller, 116 AD2d 617, 618 [1986]).

Appellant, if so advised, may move to vacate the default in the court below, and, if necessary, take an appeal from an order resulting in an adverse determination.