| Goldberg & Connolly v Tadco Constr. Corp. |
| Motion No: 2010-02535 nc |
| Slip Opinion No: 2010 NY Slip Op 90410(U) |
| Decided on December 1, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Goldberg & Connolly, Respondent, v Tadco Construction Corporation, Appellant. |
Court's own motion to dismiss an appeal from an order of the District Court of Nassau County, First District, dated June 24, 2010.
ORDERED that the motion is granted and the appeal is dismissed.
No appeal lies from an order entered 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 its default and, if necessary, appeal from the order determining the motion to vacate (id.).
ENTER:
Paul Kenny
Chief Clerk