Steven Rand v Swim Clean Inc.
Motion No: 2008-01651 NC
Slip Opinion No: 2009 NY Slip Op 73982(U)
Decided on May 26, 2009
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., MOLIA and SCHEINKMAN, JJ.

NO. 2008-1651 N C
STEVEN RAND,

Respondent,

-against-

SWIM CLEAN INC.,

Appellant.

DECISIONOn 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 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.