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NEDELL v. SPRIGMAN

227 A.D.2d 163 (1996)

641 N.Y.S.2d 837

Maureen Nedell, Individually and as Administratrix of The Estate of Phillip J. Nedell, Deceased, Appellant, v. Jason Sprigman et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 7, 1996

Motion (M-739) to dismiss this appeal as from a non-appealable order unanimously denied.

It is fundamental that a party may not appeal an order made either without notice (CPLR 5701 [a] [2]) or upon default (CPLR 5511). A party who wishes to contest such an order should move, on notice, to vacate the order pursuant to CPLR 2221 (a). "Then an appeal may be taken to [the Appellate Division] from a denial of the motion to vacate" (Matter of Willmark Serv. Sys.

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