Mascam Restaurant Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Mascam Restaurant Corp. v. New York State Liquor Authority

192 A.D.2d 319, 595 N.Y.S.2d 453

Appellate Division of the Supreme Court of the State of New York·Decided April 1, 1993·Published

Opinion

—Appeal from judgment, Supreme Court, New York County (Harold Tompkins, J.), entered May 22, 1992, which, [320]*320upon respondent’s failure to appear on the calendar call, granted petitioner’s application pursuant to CPLR article 78 to annul respondent’s determination denying petitioner’s application to alter its premises, and directed respondent to approve such alteration application, unanimously dismissed, without costs.

No appeal lies from a default judgment, the proper remedy being a motion to vacate the default (7 Weinstein-Korn-Miller, NY Civ Prac ¶ 5511.10). Concur — Carro, J. P., Rosenberger, Ellerin, Wallach and Rubin, JJ.

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—Appeal from judgment, Supreme Court, New York County (Harold Tompkins, J.), entered May 22, 1992, which, [320]*320upon respondent’s failure to appear on the calendar call, granted petitioner’s application pursuant to CPLR article 78 to annul respondent’s determination denying petitioner’s application to alter its premises, and directed respondent to approve such alteration application, unanimously dismissed, without costs.

No appeal lies from a default judgment, the proper remedy being a motion to vacate the default (7 Weinstein-Korn-Miller, NY Civ Prac ¶ 5511.10). Concur — Carro, J. P., Rosenberger, Ellerin, Wallach and Rubin, JJ.

Mascam Restaurant Corp. v. New York State Liquor Authority, 192 A.D.2d 319, 595 N.Y.S.2d 453 (N.Y. Ct. App. 1993).

Pincite

192 A.D.2d 319 (Mascam Restaurant Corp. v. New York State Liquor Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.