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Board of Mgrs. of Oceana Condominium No~ Eight v Gabiam
2011 NY Slip Op 50563(U) [31 Misc 3d 129(A)]
Decided on March 29, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.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 29, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., GOLIA and RIOS, JJ
. NO~ 2010-316 K C

Board of Managers of Oceana Condominium No~ Eight, Appellant,

against

Adam Gabiam, Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered November 4, 2009. The order granted defendant's motion to vacate a judgment entered following his default on a stipulation.


ORDERED that the appeal is dismissed.

Since plaintiff failed to submit written opposition to defendant's motion to vacate a judgment entered following defendant's default on a stipulation, the Civil Court's order granting defendant's motion must be deemed to have been entered on plaintiff's default, and this appeal by plaintiff must be dismissed, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; see also Viggiani v
Grodotzke, 306 AD2d 273 [2003]; Brown v Chase, 3 Misc 3d 129[A], 2004 NY Slip Op 50371[U] [App Term, 2d & 11th Jud Dists 2004]).

Weston, J.P., Golia and Rios, JJ., concur.
Decision Date: March 29, 2011