| Stanley D. Osczepinski v Michael Rizzo |
| Motion No: 2006-01436 ORC |
| Slip Opinion No: 2006 NYSlipOp 78357(U) |
| Decided on October 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. |
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| STANLEY D. OSCZEPINSKI, Respondent, -against- MICHAEL RIZZO, Appellant. |
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.
Appellant, if he be 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.