| Vets S., Inc. v Mitchell Levine |
| Motion No: 2008-01139 SC |
| Slip Opinion No: 2008 NYSlipOp 80914(U) |
| Decided on July 29, 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| VETS SOUTH, INC., Respondent, -against- MITCHELL LEVINE, Appellant, -and- TRI STAR SALES AND MARKETING, INC. Defendant. |
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.