[*1]
Nelson v City of New York
2004 NY Slip Op 50579(U)
Decided on June 4, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on June 4, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., ARONIN and PATTERSON, JJ.
NO. 2003-1516 Q C

KEVIN B. NELSON, Appellant,

against

CITY OF NEW YORK, Respondent.


Appeal by plaintiff from an order of the Small Claims Part of the Civil Court, Queens County (J. Golia, J.), entered August 7, 2003, which granted on default defendant's motion to dismiss the action due to plaintiff's failure to timely file a notice of claim.


Appeal unanimously dismissed.

No appeal lies from an order entered upon default (CPLR 5511). The remedy of
a party against whom a default order has been entered is to move to vacate the
default (CPLR 5015). Should the motion to vacate be denied, the aggrieved party may then appeal from such denial.
Decision Date: June 04, 2004