Opinion
Motion No. 2022-00354 ORC
08-12-2022
Dominic Pasquini, Respondent, v. Mavis Discount Repair also Known as Mavis Discount Tire, also Known as Dolson Avenue Mavis, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J., ELIZABETH H. EMERSON, TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the City Court of Middletown, Orange County, entered March 18, 2022.
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).
To the extent defendant seeks to appeal from a "decision and order" of the City Court of Middletown, Orange County, entered April 21, 2022, no appeal lies from a refusal to sign an order to show cause (see UCCA 1702 [a][2]; Matter of Allah v Scheinman, 61 N.Y.2d 755 [1984]; cf. CPLR 5704[b]).