Opinion
2012-870 Q C
04-26-2012
AL Realty Group, LLC, Respondent, v. Blessings Christian Mission, Inc., Appellant.
, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Civil Court of the City of New York, Queens County, entered January 26, 2012, and from and order of the same said court dated February 14, 2012.
On the court's own motion, it is
ORDERED that so much of the appeal as is from the judgment entered January 26, 2012 is dismissed as no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]). The proper procedure is for that party to move to vacate its default and, if necessary, appeal from the order determining the motion to vacate (id.); and it is further,
ORDERED that so much of the appeal as is from the order dated February 14, 2012 is dismissed as the order is not appealable as of right since it did not determine a motion made upon notice (see CCA 1702 [a] [2]; CPLR 2211).
ENTER:
Paul Kenny
Chief Clerk