Gweneth Johnson, Et Al. v Kathy Ann Mcclean
Motion No: 2014-02666 KC
Slip Opinion No: 2014 NY Slip Op 92408(U)
Decided on December 3, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2014-2666 K C
Gweneth Johnson, et al., Respondents, v Kathy Ann McClean, Appellant, et al., Undertenants.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered September 18, 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; TPZ Corp. v Tsoukas, 264 AD2d 837 [1999]). Appellant's remedy, if she be so advised, is to move in the Civil Court to vacate the default order.

ENTER:

Paul Kenny

Chief Clerk