| Michael Nagi v Shai Bandner |
| Motion No: 2011-01589 kc |
| Slip Opinion No: 2011 NY Slip Op 78138(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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Michael Nagi, Respondent, v Shai Bandner, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered October 20, 2010.
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