| Astoria Federal Sav. & Loan Assn. v Antonio |
| 2003 NY Slip Op 51366(U) |
| Decided on October 2, 2003 |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Appellate Term, Second Department |
Digest-Index Classification: Appeal—Matters Appealable
|
[*2]Appeal by defendant from an order of the District Court, Suffolk County (C. S. Hackeling, J.), dated July 31, 2002, denying her request for an adjournment and, upon her default in appearing at a hearing, denying her motion to vacate a judgment entered upon her failure to comply with a stipulation.
Appeal unanimously dismissed without costs.
A review of .the record indicates that the July 31, 2002 order was entered upon defendant's default. Since no appeal lies from an order entered upon default (see Flake v Van Wagenen, 54 NY 25; Landmark Aviation v De Marmels, 63 AD2d 964), the appeal is dismissed. Defendant's remedy, if she be so advised, is to move in the court below to vacate her default. Moreover, we note that no appeal lies as of right from that part of the order denying defendant's request for an adjournment since said request was made by letter addressed to the court and was not made on notice (see UDCA 1702 [a] [2]).
Decision Date: October 02, 2003