Sherwin Pool Servs. Inc. v Steven Dollinger
Motion No: 2008-00156 SC
Slip Opinion No: 2008 NYSlipOp 64292(U)
Decided on February 20, 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. 2008-156 S C
SHERWIN POOL SERVICES INC.,

Respondent,

-against-


STEVEN DOLLINGER,

Appellant.

DECISION

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

The appeal is dismissed since no appeal lies by a defaulting party from an order 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