| Rhonda Heinrich v Anthony J. Vecchio |
| Motion No: 2013-00465 wc |
| Slip Opinion No: 2013 NY Slip Op 71534(U) |
| Decided on April 19, 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
| Rhonda Heinrich, Respondent, v Anthony J. Vecchio, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the City Court of Peekskill, Westchester County, dated March 5, 2013.
Upon the papers filed in support of the motion and the papers 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 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.); and it is further,
ORDERED that appellant's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk