| Capital One Bank (usa) N.A. v Oladipo S. Babalola |
| Motion No: 2010-02830 kc |
| Slip Opinion No: 2010 NY Slip Op 88837(U) |
| Decided on November 17, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Capital One Bank (USA) N.A., Respondent, v Oladipo S. Babalola, Appellant. |
Court's own motion to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 3, 2010.
ORDERED that the motion is granted and the appeal is dismissed.
No appeal lies from an order made upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]). The proper procedure is for that party to move to vacate his or her default and, if necessary, appeal from the order determining the motion to vacate (id.).
ENTER:
Paul Kenny
Chief Clerk