| James Lanni v D'angelo Ins. Brokerage of Long Is., Inc. & Michael D'angelo |
| Motion No: 2012-02503 sc |
| Slip Opinion No: 2013 NY Slip Op 61213(U) |
| Decided on January 4, 2013 |
| 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.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| James Lanni, Respondent, v D'Angelo Insurance Brokerage of Long Island, Inc. and Michael D'Angelo, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from a judgment of the District Court of Suffolk County, First District, dated July 23, 2012.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal lies from a judgment 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 its default and, if necessary, appeal from the order determining the motion to vacate (id.); and it is further,
ORDERED that appellants' motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk