| Eldridge Daniel v Joyce F. Brown & H. Carl Mccall |
| Motion No: 2019-01814 KC |
| Slip Opinion No: 2020 NY Slip Op 61947(U) |
| Decided on January 23, 2020 |
| 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
THOMAS P. ALIOTTA, P.J.
DAVID ELLIOT
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| Eldridge Daniel, Appellant, v Joyce F. Brown and H. Carl McCall, Respondents. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered October 31, 2019. The order granted an unopposed motion by respondents to vacate a judgment of that court entered September 3, 2019 upon respondents' failure to appear in the small claims action.
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).
ENTER:
Paul Kenny
Chief Clerk