Helen Murphy v Brian O'connor
Motion No: 2007-00263 DC
Slip Opinion No: 2007 NYSlipOp 64433(U)
Decided on March 2, 2007
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., McCABE and TANENBAUM, JJ.


NO. 2007-263 D C
HELEN MURPHY,

Respondent,

-against-


BRIAN O'CONNOR,

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.