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WIENER v. IWACHIW

22 A.D.3d 747 (2005)

802 N.Y.S.2d 625

IRENE WIENER, Respondent, v. WALTER IWACHIW, Appellant.

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

October 24, 2005.

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the default of an appealing party (see CPLR 5511; Matter of Porscha Monique J., 21 A.D.3d 415 [2005]).

The defendant failed to appear for continued trial proceedings on October 8, 1999. After the plaintiff rested, she requested that the Supreme Court "make a trial decision on this matter." The Supreme...

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