| Cach, LLC v Melissa Deleon |
| Motion No: 2014-00899 DC |
| Slip Opinion No: 2014 NY Slip Op 76038(U) |
| Decided on June 12, 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
ANGELA G. IANNACCI, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Cach, LLC, Respondent, v Melissa DeLeon, Appellant. |
Appeal from an order of the City Court of Poughkeepsie, Dutchess County, entered February 11, 2014, deemed from a judgment of the same court entered February 19, 2014.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal lies from an order or judgment entered upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]; M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]; Benitez v Olson, 29 AD3d 503 [2006]; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]). Appellant's remedy, if she be so advised, is to seek relief in the City Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk