Capital One Bank v Carmen Gore
Motion No: 2009-00704 KC
Slip Opinion No: 2009 NY Slip Op 78656(U)
Decided on July 20, 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 : 2nd, 11th and 13th JUDICIAL DISTRICTS

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

NO. 2009-704 K C
CAPITAL ONE BANK,

Respondent,

-against-

CARMEN GORE,

Appellant.

DECISION

On the court's own motion, appeal dismissed.

The appeal is dismissed since no appeal lies by a defaulting party from an order entered on default.

Appellant, if she 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.