Opinion
2012-910 K C
06-07-2012
SS Medical Care, P.C. as Assignee of Asher Campbell, Respondent, v. 21st Century Insurance Company, Appellant.
, P.J.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 16, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed as no appeal lies from an order made 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.).
ENTER:
Paul Kenny
Chief Clerk