| J.P. Morgan Mtge. Acquisition Corp. v Soledad H. San Diego |
| Motion No: 2011-01920 qc |
| Slip Opinion No: 2011 NY Slip Op 80209(U) |
| Decided on August 1, 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
| J.P. Morgan Mortgage Acquisition Corp., Respondent, v Soledad H. San Diego, Appellant, et al., Occupants. |
Appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered April 13, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed as 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 its default and, if necessary, appeal from the order determining the motion to vacate (id.).
ENTER:
Paul Kenny
Chief Clerk