| Hasana Carlos v Belinda Primus |
| Motion No: 2016-00197 WC |
| Slip Opinion No: 2016 NY Slip Op 70078(U) |
| Decided on March 30, 2016 |
| 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
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Hasana Carlos, Respondent, v Belinda Primus, Appellant. |
Motion by appellant on an appeal from a default final judgment of the City Court of Peekskill, Westchester County, entered January 6, 2016, in effect, for summary reversal, or, in the alternative, for a stay pending the determination of the appeal.
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 academic.
ENTER:
Paul Kenny
Chief Clerk