| North Shore Towers Apts. Inc. v Sol Rosen |
| Motion No: 2011-00877 qc |
| Slip Opinion No: 2011 NY Slip Op 69992(U) |
| Decided on April 6, 2011 |
| 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.
MICELLE WESTON
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| North Shore Towers Apartments Incorporated, Respondent, v Sol Rosen, Appellant, and Florence Rosen, Defendant. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered January 31, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that 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 his default and, if necessary, appeal from the order determining the motion to vacate (id.).
ENTER:
Paul Kenny
Chief Clerk