| Cougar Mgt. & Realty Svcs, Inc. v Dennis Gatto |
| Motion No: 2012-00936 nc |
| Slip Opinion No: 2012 NY Slip Op 76281(U) |
| Decided on June 7, 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
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Cougar Management & Realty Svcs, Inc., Respondent, v Dennis Gatto, Defendant, and Steven Orandello, Appellant. |
Appeal from an order of the District Court of Nassau County, First District, dated January 27, 2012.
On the court's own motion, it is
ORDERED that the appeal is dismissed as no appeal lies from an order made 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