| Tiburtius Roberts v Paul C. Daddezio & Rachel Daddezio |
| Motion No: 2012-00444 kc |
| Slip Opinion No: 2012 NY Slip Op 69977(U) |
| Decided on April 3, 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
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Tiburtius Roberts, Appellant, v Paul C. Daddezio and Rachel Daddezio, Respondents. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered December 5, 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; M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]; Benitez v Olson, 29 AD3d 503 [2006]; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]). Appellant's remedy, if he be so advised, is to seek relief in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk