| Peter Aiello v Richard Cohen |
| Motion No: 2020-00022 WC |
| Slip Opinion No: 2020 NY Slip Op 61948(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 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Peter Aiello, Respondent, v Richard Cohen, Appellant. |
Appeal from a judgment of the City Court of New Rochelle, Westchester County, entered October 16, 2019, upon appellant's failure to appear in the small claims action.
On the court's own motion, it is
ORDERED that the appeal is dismissed without prejudice to appellant moving in the City Court to vacate the default judgment and, if necessary, appealing from the determination of that motion.
The appeal is dismissed because no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511).
ENTER:
Paul Kenny
Chief Clerk