Opinion
Motion No: 2020-00022 WC
01-23-2020
Peter Aiello, Respondent, v. Richard Cohen, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the City Court of New Rochelle, Westchester County, entered October 16, 2019, upon appellant's failure to appear in the small claims action.
On the court's own motion, it is
ORDERED that the appeal is dismissed without prejudice to appellant moving in the City Court to vacate the default judgment and, if necessary, appealing from the determination of that motion.
The appeal is dismissed because no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511).
ENTER:
Paul Kenny
Chief Clerk