FIRST NEEDED TO VACATE DEFAULT
After an order dismissing his complaint was entered on default by the New York County Surpeme Court, PZ appealed.
And on its review, the Appellate Division, First Department, observed that the appeal was not only “untimely” – as PZ filed a notice of appeal more than 30 days after notice of entry had been served – but it also suffered from a significant procedural irregularity.
When an order issues on default, the next step is to move to vacate that default, and then pursue appeal (if one be so inclined).
Given the untimeliness and that misstep, the AD1 “unanimously dismissed” PZ's appeal.
Was there no giving him any credit there?
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DECISION