Rodriguez v Our Lady of Mercy Healthcare Sys., Inc., 2011 NY Slip Op 01120 [81 AD3d 511]

February 17, 2011

Appellate Division, First Department

— [*1]

Tomkiel & Tomkiel, P.C., Scarsdale (Matthew Tomkiel of counsel), for appellant.

Appeal from order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered September 16, 2009, which denied plaintiff’s motion for a default judgment against defendant St. Agnes Hospital, unanimously dismissed, without costs, as taken from a nonappealable order.

The order appealed was entered ex parte as it relates to St. Agnes, the only party against which the default judgment was sought, and an ex parte order is not appealable (CPLR 5701 [a] [2]; Sholes

v Meagher , 100 NY2d 333, 335 [2003]; Lichtman v Mount Judah Cemetery , 269 AD2d 319 [2000], lv dismissed in part and denied in part 95 NY2d 860 [2000]). It is further noted that plaintiff has failed to serve St. Agnes with notice of this appeal. Concur—Tom, J.P., Saxe, DeGrasse, Freedman and RomÁn, JJ..