| Margaret Gandy v Beach Lane Mgt., Inc. |
| Motion No: 2011-01403 wc |
| Slip Opinion No: 2011 NY Slip Op 78134(U) |
| Decided on July 5, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Margaret Gandy, Respondent, v Beach Lane Management, Inc., Appellant. |
Appeal from a judgment of the City Court of Yonkers, Westchester County, dated March 30, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal lies from a judgment 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