| Petrina Vitulli v Chris Samuel |
| Motion No: 2023-00319 KC |
| Slip Opinion No: 2023 NY Slip Op 65885(U) |
| Decided on April 19, 2023 |
| 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 2nd, 11th & 13th Judicial Districts
WAVNY TOUSSAINT, P.J.
CHEREÉ A. BUGGS
LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
| Petrina Vitulli, Respondent, v Chris Samuel, Appellant, and Jiamiao Lu, "Jane Doe" and "John Doe", Undertenants. |
Appeal from an order and judgment of the Civil Court of the City of New York, Kings County, both entered September 20, 2022.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal lies from an order or judgment entered upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]; M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]; Benitez v Olson, 29 AD3d 503 [2006]; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]). Appellant's remedy, if they be so advised, is to seek relief in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk