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WESTCHESTER COUNTY CORR. OFFICERS BENEVOLENT ASS'N, INC. v. COUNTY OF WESTCHESTER

228 A.D.2d 583 (1996)

644 N.Y.S.2d 625

Westchester County Correction Officers Benevolent Association, Inc., Respondent, v. County of Westchester, Appellant

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

June 17, 1996

Ordered that the appeal is dismissed, with costs.

The County of Westchester (hereinafter the County) failed to appear at the scheduled hearing on the motion of the Westchester County Correction Officers Benevolent Association, Inc. Therefore, the Supreme Court's judgment entered upon the County's default may not be challenged on a direct appeal, the County's only recourse having been a motion to open the default (see, CPLR 5511; Batra v State Farm Fire ...

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