Daniel Trachman v Josephine Ciorciari a/k/a Joanne Ciorciari, As Ex'x of Estate of Rita Ciorciari, Deceased, & Amy J. Hedum
Slip Opinion No: 2010 NY Slip Op 68083(U)
Decided on March 31, 2010
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 : WESTON, J.P., GOLIA and RIOS, JJ.

DANIEL TRACHMAN

Appellant,

-and-
NO. 2010-231 K C
NATALIA AFANASIEVA,

Plaintiff,

-against-

JOSEPHINE CIORCIARI a/k/a JOANNE CIORCIARI,
As Executrix of the Estate of RITA CIORCIARI,
Deceased, and AMY J. HEDUM,

Respondent.

DECISION

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

The appeal is dismissed since the order sought to be appealed denied appellant's motion based on his nonappearance, and no appeal lies by a defaulting party from an order entered on default (CPLR 5511).

Appellant, if he be so advised, may move to vacate the default in the Civil Court, and, if necessary, take an appeal from an order resulting in an adverse determination.