| Spa Wellness, Inc. v Mario Ferazzoli & Franco Ferazzoli |
| Motion No: 2016-00975 QC |
| Slip Opinion No: 2016 NY Slip Op 73461(U) |
| Decided on May 4, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Spa Wellness, Inc., Respondent, v Mario Ferazzoli and Franco Ferazzoli, Appellants. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered February 24, 2016.
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; 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]). Appellants' remedy, if they be so advised, is to seek relief in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk