Opinion
2011-2988 N C
12-27-2011
Michael J. Bertucci, Sr., Appellant, v. Patricia Bertucci, Respondent.
, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss an appeal from a decision of the District Court of Nassau County, First District, dated May 11, 2011, for lack of prosecution.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed on the ground that no appeal lies from a decision, nor would an appeal lie 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 his default and, if necessary, appeal from the order determining the motion to vacate (id.); and it is further,
ORDERED that respondent's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk