| 37-31 73rd St. Owners Corp. v Paul Gullas |
| Motion No: 2011-03276 qc |
| Slip Opinion No: 2012 NY Slip Op 65701(U) |
| Decided on February 22, 2012 |
| 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
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| 37-31 73rd Street Owners Corp., Respondent, v Paul Gullas, Appellant. |
Appeal from an order of the Civil Court the City of New York, Queens County, dated December 10, 2010.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as 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