| Michael Whitfield v Thomas O'connell |
| Motion No: 2013-02606 wc |
| Slip Opinion No: 2013 NY Slip Op 95548(U) |
| Decided on December 30, 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.
HECTOR D. LaSALLE
ANTHONY MARANO, JJ.
DECISION & ORDER ON MOTION
| Michael Whitfield, Appellant, v Thomas O'Connell, Respondent. |
Appeal from a judgment of the Justice Court of the Village of Elmsford, Westchester County, entered November 22, 2013.
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]).
ENTER:
Paul Kenny
Chief Clerk