| Lydia Santiago v Joel Wiener |
| Motion No: 2013-00337 qc |
| Slip Opinion No: 2013 NY Slip Op 66406(U) |
| Decided on March 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Lydia Santiago, Respondent, v Joel Wiener, Appellant, and Department of Housing & Development of the City of New York, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered January 7, 2013.
On the court's own motion, it is
ORDERED that the appeal is dismissed as no appeal lies from an order 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 his default and, if necessary, appeal from the order determining the motion to vacate (id.).
ENTER:
Paul Kenny
Chief Clerk