Burometto v. Town of Schodack

85 A.D.2d 805, 449 N.Y.S.2d 655, 1981 N.Y. App. Div. LEXIS 16620

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 17, 1981
• Status: Published

Opinion

Appeal from a decision of the Supreme Court at Special Term (Prior, Jr., J.), dated March 19, 1981, which denied plaintiff’s motion for a default judgment and dismissed the complaint. Since a review of the record on this appeal does not indicate that a judgment or order was entered, but, rather, that plaintiff is attempting to appeal from the decision of Special Term, the appeal must be dismissed (see CPLR 5512, subd [a]). Moreover, had the appeal been properly taken, Special Term’s actions in denying the motion for a default judgment and in dismissing the complaint would be affirmed. Appeal dismissed, without costs. Mahoney, P. J., Sweeney, Kane, Casey and Weiss, JJ., concur.