| Joanne Meyer v Fav's Gourmand, LLC |
| Motion No: 2011-03239 orc |
| Slip Opinion No: 2012 NY Slip Op 66721(U) |
| Decided on February 28, 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 9th & 10th judicial Districts
DENISE F. MOLIA, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Joanne Meyer, Respondent, v Fav's Gourmand, LLC, Appellant. |
Appeal from a judgment of the City Court of Newburgh, Orange County, entered October 19, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed as no appeal lies 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 its default and, if necessary, appeal from the order determining the motion to vacate (id.).
ENTER:
Paul Kenny
Chief Clerk