North Fork Bank v Belin

[*1] North Fork Bank v Belin 2006 NY Slip Op 52490(U) [14 Misc 3d 127(A)] Decided on December 13, 2006 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 13, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and LIPPMAN, JJ
2005-691 W C.

North Fork Bank, Respondent,

against

Terral Belin, Defendant, -and- Hermina Belin, Appellant.

Appeal from an order of the City Court of Yonkers, Westchester County (Thomas R. Daly, J.), entered October 13, 2004. The order denied defendant Hermina Belin's motion to vacate the judgment upon her failure to appear at the hearing of her motion.

Appeal dismissed.

No appeal lies from an order made upon the default of an aggrieved party (see CPLR 5511; Concord Moving & Stor. v Sabbeth, 204 AD2d 590 [1994]). The remedy
of a party against whom a default order has been entered is to move to vacate the default (CPLR 5015).

Rudolph, P.J., McCabe and Lippman, JJ., concur.
Decision Date: December 13, 2006