Opinion
Motion No: 2011-01920 qc
08-01-2011
J.P. Morgan Mortgage Acquisition Corp., Respondent, v. Soledad H. San Diego, Appellant, et al., Occupants.
, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
Appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered April 13, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed as no appeal lies from a judgment 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