Opinion
2004-237 D C.
Decided March 22, 2005.
Appeal by defendants from a decision of the Justice Court, Town of East Fishkill, Dutchess County (T. Wood, J.), dated September 10, 2003, denying their motion to dismiss the complaint.
Appeal unanimously dismissed.
PRESENT: McCABE, P.J., ANGIOLILLO and COVELLO, JJ.
Even if the decision of September 10, 2003 may be considered to constitute an appealable paper ( see Bankers Trust Co. of Cal. v. Ward, 269 AD2d 480), the right of appeal therefrom, in any event, terminated with the subsequent entry of a default judgment. Accordingly, the instant appeal must be dismissed ( see Matter of Aho, 39 NY2d 241). Upon entry of the default judgment against them, the defendants moved to vacate same. They have appealed from the denial of their motion to vacate the default, however, said appeal has not yet been perfected.