Opinion
June 27, 1988
Appeal from the Supreme Court, Kings County (Held, J.).
Ordered that the appeal is dismissed, with costs.
The record reveals that the defendant Foxfire failed to timely serve its answer and further failed to appear in court to oppose the plaintiff's motion and to support its own cross motion, despite the fact that the Supreme Court twice adjourned the matter at Foxfire's request and cautioned that an additional delay would not be tolerated, that that adjournment was final against Foxfire, and that in the event counsel for Foxfire was unable to appear, Foxfire should designate another attorney to appear in its behalf. Upon Foxfire's failure to appear on the final adjourned date, the court issued the order which Foxfire challenges on the present appeal. The appeal must be dismissed, as no appeal lies from an order entered upon the default of the appellant (see, Serafimovs v Serafimovs, 134 A.D.2d 422; Podolsky v Podolsky, 119 A.D.2d 740; Bohlman v Bohlman, 114 A.D.2d 832, lv dismissed 67 N.Y.2d 606, 904). Mangano, J.P., Thompson, Sullivan and Harwood, JJ., concur.