| Al Realty Group, LLC v Blessings Christian Mission, Inc. |
| Motion No: 2012-00870 qc |
| Slip Opinion No: 2012 NY Slip Op 72090(U) |
| Decided on April 26, 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.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| AL Realty Group, LLC, Respondent, v Blessings Christian Mission, Inc., Appellant. |
Appeal from a judgment of the Civil Court of the City of New York, Queens County, entered January 26, 2012, and from and order of the same said court dated February 14, 2012.
On the court's own motion, it is
ORDERED that so much of the appeal as is from the judgment entered January 26, 2012 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.); and it is further,
ORDERED that so much of the appeal as is from the order dated February 14, 2012 is dismissed as the order is not appealable as of right since it did not determine a motion made upon notice (see CCA 1702 [a] [2]; CPLR 2211).
ENTER:
Paul Kenny
Chief Clerk