Kovacevic v Newkirk (2005 NYSlipOp 50374(U))

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Kovacevic v Newkirk

2005 NYSlipOp 50374(U)

Decided on March 23, 2005

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 23, 2005

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: McCABE, P.J., ANGIOLILLO and COVELLO, JJ.
2004-387 OR C

Natasha Kovacevic, Appellant,

against

Donell Newkirk, Respondent.

Appeal by plaintiff from an order of the City Court of Newburgh, Orange County (J. Patsalos, J.), entered November 13, 2003, granting defendant's motion to confirm an arbitrator's award.

Appeal unanimously dismissed.

The record indicates that plaintiff did not oppose defendant's motion to confirm the arbitrator's award. Consequently, the order entered on November 13, 2003
granting said motion, was entered upon plaintiff's default. Inasmuch as no appeal lies from an order entered upon the appellant's default, the appeal is dismissed (see Super Laundry Equip. Corp. v Ditmar Laundromat, Inc., 232 AD2d 476 [1996]).
Decision Date: March 23, 2005