Egbert Campbell v. Records Access Officer of New York City Police Department

Appellate Division of the Supreme Court of New York

Egbert Campbell v. Records Access Officer of New York City Police Department

221 A.D.2d 201, 633 N.Y.S.2d 174, 1995 N.Y. App. Div. LEXIS 11621

Appellate Division of the Supreme Court of the State of New York·Decided November 14, 1995·Published·Cited by 1 cases

Opinion

—Appeal from order, Supreme Court, New York County (Carol Arber, J.), entered August 3, 1993, which, upon petitioner’s failure to appear on the return date, denied his pro se application pursuant to CPLR article 78, unanimously dismissed, without costs.

A party may not appeal directly from an order entered upon his or her default, the proper remedy being a motion to open the default and an appeal from any denial thereof (Furci v Furci, 45 AD2d 1003). Concur—Murphy, P. J., Sullivan, Rosenberger, Ross and Tom, JJ.

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—Appeal from order, Supreme Court, New York County (Carol Arber, J.), entered August 3, 1993, which, upon petitioner’s failure to appear on the return date, denied his pro se application pursuant to CPLR article 78, unanimously dismissed, without costs.

A party may not appeal directly from an order entered upon his or her default, the proper remedy being a motion to open the default and an appeal from any denial thereof (Furci v Furci, 45 AD2d 1003). Concur—Murphy, P. J., Sullivan, Rosenberger, Ross and Tom, JJ.

Egbert Campbell v. Records Access Officer of New York City Police Department, 221 A.D.2d 201, 633 N.Y.S.2d 174, 1995 N.Y. App. Div. LEXIS 11621 (N.Y. Ct. App. 1995).

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221 A.D.2d 201 (Egbert Campbell v. Records Access Officer of New York City Police Department) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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