300 Apt. Assoc. Ii, Inc. v Yolanda Penta

300 Apt. Assoc. Ii, Inc. v Yolanda Penta

Motion No: 2007-00479 WC 03-28-2007

Slip Opinion No: 2007 NYSlipOp 68858(U)

Decided on May 4, 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 : McCABE, J.P., TANENBAUM and LIPPMAN, JJ.

NO. 2007-479 W C

300 APARTMENT ASSOCIATES II, INC.,

Respondent,

-against-

YOLANDA PENTA,

Appellant.

DECISION

On the court's own motion, appeal is dismissed.

The appeal is dismissed since no appeal lies by a defaulting party from a judgment entered on default.

Appellant, if she 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.