Opinion
Motion No: 2012-02503 sc
01-04-2013
James Lanni, Respondent, v. D'Angelo Insurance Brokerage of Long Island, Inc. and Michael D'Angelo, Appellants.
, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
Motion by appellants for a stay pending the determination of an appeal from a judgment of the District Court of Suffolk County, First District, dated July 23, 2012.
Upon the papers filed in support of the motion and no papers having been 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 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.); and it is further,
ORDERED that appellants' motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk