| Michael J. Bertucci, Sr. v Patricia Bertucci |
| Motion No: 2011-02988 nc |
| Slip Opinion No: 2011 NY Slip Op 94000(U) |
| Decided on December 27, 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
JOHN R. LaCAVA, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Michael J. Bertucci, Sr., Appellant, v Patricia Bertucci, Respondent. |
Motion by respondent to dismiss an appeal from a decision of the District Court of Nassau County, First District, dated May 11, 2011, for lack of prosecution.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed on the ground that no appeal lies from a decision, nor would an appeal lie 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 his default and, if necessary, appeal from the order determining the motion to vacate (id.); and it is further,
ORDERED that respondent's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk