| Laurence Loscalzo v Melina Rodriguez |
| Motion No: 2014-00001 SC |
| Slip Opinion No: 2014 NY Slip Op 62119(U) |
| Decided on January 15, 2014 |
| 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
ANTHONY MARANO, JJ.
DECISION & ORDER ON MOTION
| Laurence Loscalzo, Respondent, v Melina Rodriguez, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Sixth District, entered October 15, 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 the 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