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MATTER OF IWACHIW v. BOARD OF ELECTIONS IN CITY OF NEW YORK

100383/21. Appeal No. 13971. Case No. 2021-01583.

194 A.D.3d 511 (2021)

143 N.Y.S.3d 867

2021 NY Slip Op 03016

In the Matter of Walter Iwachiw, Appellant, v. Board of Elections in the City of New York, Respondent.

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

Decided May 12, 2021.

Attorney(s) appearing for the Case

Walter Iwachiw, appellant pro se.

James E. Johnson , Corporation Counsel, New York ( Daniel Matza-Brown of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Mazzarelli, Mendez, Shulman, JJ.

Since the underlying order was decided upon petitioner's default it was not appealable (CPLR 5511), and the proper procedure was for petitioner to move to vacate his default pursuant to CPLR 5015 (see Kamen v Weithorn, 83 A.D.3d 560, 561 [1st Dept 2011]; Jackson v Jackson, 7 A.D.3d 404, 404-405 [1st...

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