| M.F. Pottenburgh Gen. Contr. v Gerald Reynolds |
| Motion No: 2009-01998 dc |
| Slip Opinion No: 2010 NY Slip Op 91041(U) |
| Decided on December 13, 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.
MELVYN TANENBAUM
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| M.F. Pottenburgh General Contractor, Respondent, v Gerald Reynolds, Appellant. |
Court's own motion to dismiss an appeal from a judgment of the Justice Court of the Town of Hyde Park, Dutchess County, entered December 8, 1999.
ORDERED that the motion is granted and the appeal is dismissed.
No appeal lies from a judgment 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 the default by formal motion on notice to his adversary and, if necessary, appeal from the order determining the motion to vacate (id.).
ENTER:
Paul Kenny
Chief Clerk