Iwachiw v. Bd. of Elections in City of N.Y.

Citation Codes

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Docket Number

Index No. 100383/21

Advocates

Walter Iwachiw, appellant pro se. James E. Johnson, Corporation Counsel, New York (Daniel Matza-Brown of counsel), for respondent.

Judges

Angela M. Mazzarelli
Rolando T. Acosta
Dianne T. Renwick

Acts

Civil Practice Law And Rules — Appeals Generally — Permissible appellant and respondent
Civil Practice Law And Rules — Judgments Generally — Relief from judgment or order

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In the Matter of Walter Iwachiw, Petitioner-Appellant, v. Board of Elections in the City of New York, Respondent-Respondent.

Before: Acosta, P.J., Renwick, Mazzarelli, Mendez, Shulman, JJ.

Walter Iwachiw, appellant pro se.

James E. Johnson, Corporation Counsel, New York (Daniel Matza-Brown of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Carol R. Edmead, J.), entered April 23, 2021, which, upon petitioner's default, dismissed his petition against the New York City Board of Elections, with prejudice, unanimously dismissed, without costs, as taken from a nonappealable order.

Since the underlying order was decided upon petitioner's default it was not appealable (CPLR 5511), and the proper procedure was for petitioner to move to vacate his default pursuant to CPLR 5015 (see Kamen v Weithorn, 83 AD3d 560, 561 [1st Dept 2011]; Jackson v Jackson, 7 AD3d 404, 404-405 [1st Dept 2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: May 12, 2021

In the Matter of Walter Iwachiw, Petitioner-Appellant, v. Board of Elections in the City of New York, Respondent-Respondent.

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