GMR Credit LLC v Osorio

[*1] GMR Credit LLC v Osorio 2012 NY Slip Op 52082(U) Decided on November 9, 2012 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 9, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Torres, JJ
.

GMR Credit LLC, as assignee of 570796/12 successor in interest by merger to Bank One, N.A., Plaintiff-Appellant,

against

Rafael Osorio, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Gerald Lebovits, J.), entered May 18, 2012, which granted "on consent" defendant's motion to vacate a default judgment.

Per Curiam.

Appeal from order (Gerald Lebovits, J.), entered May 18, 2012, dismissed, without costs, as taken from a nonappealable paper.

Where, as here, an order indicates on its face that it was made on consent, it is not appealable (see Matter of Brouwer v Pacicca, 291 AD2d 448, 449 [2002]). To the extent that plaintiff-appellant argues that the order was not made on its consent, its remedy is to move in Civil Court to vacate or resettle the order (id.).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 09, 2012