| Ceara Ledwith v Auzerais C. Bellamy |
| Motion No: 2017-02451 KC |
| Slip Opinion No: 2018 NY Slip Op 62678(U) |
| Decided on January 26, 2018 |
| 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Ceara Ledwith, Plaintiff, v Auzerais C. Bellamy, Defendant. |
Motion by plaintiff, pursuant to CCA 1702 (c), for leave to appeal to this court from an order of the Civil Court of the City of New York, Kings County, dated December 1, 2017, and for summary reversal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
No appeal lies from an order 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.).
ENTER:
Paul Kenny
Chief Clerk