| Bay Terrace Jewish Ctr. v Ben Rasabi |
| Motion No: 2013-00148 qc |
| Slip Opinion No: 2013 NY Slip Op 63510(U) |
| Decided on January 24, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Bay Terrace Jewish Center, Respondent, v Ben Rasabi, Appellant. |
Appeal from a judgment of the Civil Court of the City of New York, Queens County, entered July 16, 2012.
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