| Sajo Realty Corp. v Jim Antoine |
| Motion No: 2011-02006 kc |
| Slip Opinion No: 2011 NY Slip Op 78876(U) |
| Decided on July 18, 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
| Sajo Realty Corp., Respondent, v Jim Antoine, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered January 13, 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