Russo & Lowe, CPAS, P.C. v Mitchell

[*1] Russo & Lowe, CPAS, P.C. v Mitchell 2005 NYSlipOp 50364(U) Decided on March 22, 2005 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: March 22, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., ANGIOLILLO and COVELLO, JJ.
2004-237 D C

Russo and Lowe, CPAS, P.C., Respondent,

against

Steve N. Mitchell, Angeline C. Mitchell And Troy Enterprises Inc., Appellants.

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.

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 [2000]), 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 [1976]). 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.
Decision Date: March 22, 2005