Opinion
February 9, 1998
Appeal from the Supreme Court, Kings County (R. Goldberg, J.).
Ordered that the appeals are dismissed, without costs or disbursements.
The appeals must be dismissed as no appeal lies from an order or judgment entered on the default of the appealing party ( see, Katz v. Katz, 68 A.D.2d 536). A corporation is in default in a civil proceeding when it is not represented by an attorney ( Mineola Mack Distribs. v. Huntington Fleet Serv., 132 Misc.2d 18, 19; see generally, Hilton Apothecary v. State of New York, 89 N.Y.2d 1024). Here, the appellant corporation was in default as it did not appear by an attorney at the underlying hearings. The fact that an officer of the corporation was permitted to argue its case does not negate the legal default ( see, Mineola Mack Distribs. v. Huntington Fleet Serv., supra). Therefore, the corporation may not appeal from the order and judgment in question. The proper remedy is by motion to vacate the default, made to the court which issued the order and judgment ( see, Calvagno v. Nationwide Mut. Fire Ins. Co., 110 A.D.2d 741, 742).
Miller, J. P., Sullivan, Pizzuto and Florio, JJ., concur.