| John N. Mandas v Salvador M. Carmelino, APPELLANT.(ORIGINAL Decision & Order On Motion Dated Nov. 28, 2025) |
| Motion No: 2024-01371 ORC |
| Slip Opinion No: 2026 NY Slip Op 61386(U) |
| Decided on January 14, 2026 |
| 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
TIMOTHY S. DRISCOLL, P.J.
MARIA S. VAZQUEZ-DOLES
MAUREEN T. LICCIONE, JJ.
DECISION & ORDER ON MOTION
| John N. Mandas, Respondent, v Salvador M. Carmelino, Appellant.(Original Decision & Order on Motion Dated November 28, 2025) |
Motion by appellant to vacate an order of this court dated July 14, 2025, which dismissed an appeal from a judgment of the Justice Court of the Town of Wawayanda, Orange County, entered November 25, 2024.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
No appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511). Appellant's remedy, if he be so advised, is to move in the Justice Court to vacate the November 25, 2024 judgment.
ENTER:
Jennifer Chan
Chief Clerk