Bay Terrace Jewish Ctr. v. Rasabi

Full title: Bay Terrace Jewish Center, Respondent, v. Ben Rasabi, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Jan 24, 2013

2013 N.Y. Slip Op. 63510 (N.Y. App. Div. 2013)

Opinion

2011-22013-148 Q C

01-24-2013

Bay Terrace Jewish Center, Respondent, v. Ben Rasabi, Appellant.

MICHAEL L. PESCE

, P.J.

JAIME A. RIOS

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Appeal from a judgment of the Civil Court of the City of New York, Queens County, entered July 16, 2012.

On the court's own motion, it is

ORDERED that the appeal 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.).

ENTER:

Paul Kenny

Chief Clerk