| Dominic Pasquini v Mavis Discount Repair |
| Motion No: 2022-00354 ORC |
| Slip Opinion No: 2022 NY Slip Op 70193(U) |
| Decided on August 12, 2022 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| Dominic Pasquini, Respondent, v Mavis Discount Repair also Known as Mavis Discount Tire, also Known as Dolson Avenue Mavis, Appellant. |
Appeal from a judgment of the City Court of Middletown, Orange County, entered March 18, 2022.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511).
To the extent defendant seeks to appeal from a "decision and order" of the City Court of Middletown, Orange County, entered April 21, 2022, no appeal lies from a refusal to sign an order to show cause (see UCCA 1702 [a][2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]; cf. CPLR 5704[b]).
ENTER:
Paul Kenny
Chief Clerk