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FORMA v. CITY OF NEW YORK

273 A.D.2d 271 (2000)

710 N.Y.S.2d 534

CAROL FORMA, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided June 12, 2000.

Ordered that the appeal is dismissed, with costs.

No appeal lies from an order made upon the default of the appealing party (see, CPLR 5511). The proper procedure would have been for the plaintiff to move to open her default and vacate the order dated June 16, 1999, and if necessary, appeal from the denial of the motion to vacate (see, Grober v Busigo, 133 A.D.2d 389; Imor v Imor, 114 A.D.2d...

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