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FORMA v. CITY OF NEW YORK
Appellate Division of the Supreme Court of New York, Second Department.
Jun 12, 2000
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DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
No appeal lies from an order made upon the default of the appealing party (see, CPLR 5511). The proper procedure would have been for the plaintiff to move to open her default and vacate the order dated June 16, 1999, and if necessary, appeal from the denial of the motion to vacate (see, Grober v. Busigo, 133 A.D.2d 389; Imor v. Imor, 114 A.D.2d 552; Calvagno v. Nationwide Mut. Fire Ins. Co., 110 A.D.2d 741).
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