Department of Hous. Preserv. & Dev. of City of New York v Vernon Spencer
Motion No: 2008-01105 RIC
Slip Opinion No: 2008 NYSlipOp 80736(U)
Decided on July 16, 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: 2nd and 11th JUDICIAL DISTRICTS


PRESENT : RIOS, J.P., PESCE and GOLIA, JJ.


NO. 2008-1105 RI C
DEPARTMENT OF HOUSING PRESERVATION
and DEVELOPMENT OF THE CITY OF NEW YORK,

Respondent,

-against-

VERNON SPENCER,

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.