Legal Opinion

Egbert Campbell v. Records Access Officer of New York City Police Department

Appellate Division of the Supreme Court of the State of New York

Decided November 14, 1995PublishedCited by 1 opinion

1Opinion of the Court

—Appeal from order, Supreme Court, New York County (Carol Arber, J.), entered August 3, 1993, which, upon petitioner’s failure to appear on the return date, denied his pro se application pursuant to CPLR article 78, unanimously dismissed, without costs.

A party may not appeal directly from an order entered upon his or her default, the proper remedy being a motion to open the default and an appeal from any denial thereof (Furci v Furci, 45 AD2d 1003). Concur—Murphy, P. J., Sullivan, Rosenberger, Ross and Tom, JJ.

2Cases cited1 opinion

  1. Furci v. FurciAppellate Division of the Supreme Court of the State of New York · 1974

3Cited by1 opinion

  1. Soule v. LozadaAppellate Division of the Supreme Court of the State of New York · 1997