Asset Acceptance, L.L.C. a/a/o Bally Total Fitness v Clayton A. Jarrett

Asset Acceptance, L.L.C. a/a/o Bally Total Fitness v Clayton A. Jarrett

Motion No: 2007-01994 WC

Slip Opinion No: 2008 NYSlipOp 62620(U)

Decided on January 24, 2008

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. 2007-1994 W C

ASSET ACCEPTANCE, LLC.
a/a/o BALLY TOTAL FITNESS,

Appellant,

-against-

CLAYTON A. JARRETT,

Respondent.

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 it 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.