Heinrich v. Vecchio

Full title: Rhonda Heinrich, Respondent, v. Anthony J. Vecchio, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Apr 19, 2013

2013 N.Y. Slip Op. 71534 (N.Y. App. Div. 2013)

Opinion

Motion No: 2013-00465 wc

04-19-2013

Rhonda Heinrich, Respondent, v. Anthony J. Vecchio, Appellant.

FRANCIS A. NICOLAI

, P.J.

ANGELA G. IANNACCI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from a final judgment of the City Court of Peekskill, Westchester County, dated March 5, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, 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 his default and, if necessary, appeal from the order determining the motion to vacate (id.); and it is further,

ORDERED that appellant's motion is denied as moot.

ENTER:

Paul Kenny

Chief Clerk