| Askins v Santos |
| 2026 NY Slip Op 00829 [246 AD3d 487] |
| February 17, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Delroy Askins, Appellant, v Marlene Santos, Respondent. |
Delroy Askins, appellant pro se.
Marlene Santos, respondent pro se.
Appeal
- Matters Appealable
- Default Judgment
Appeal from order, Supreme Court, New York County (Suzanne Adams, J.), entered on or about July 31, 2024, which granted defendant's motion to dismiss the complaint on default, unanimously dismissed, without costs, as taken from a nonappealable paper.
No appeal lies from an order entered on default (CPLR 5511; see Matter of Colon v Delgado, 106 AD3d 414, 415 [1st Dept 2013]). Plaintiff's remedy was to move to vacate his default, in which event he would be required to demonstrate both a reasonable excuse for the default and a meritorious claim (see French v NYS Dept. of Labor, 231 AD3d 620, 620 [1st Dept 2024]; Matter of Lenea'jah F. [Makeba T.S.], 105 AD3d 514, 514 [1st Dept 2013]).
We have considered plaintiff's remaining arguments and find them unavailing. Concur—Moulton, J.P., Friedman, González, O'Neill Levy, Chan, JJ.