Tosto v. Capital Investment Holdings, Inc.

Appeal from judgment, Supreme Court, New York County, entered September 17, 1998, pursuant to CPLR 3215 (i) (1), unanimously dismissed, without costs, as taken from a nonappealable paper.

A judgment by confession is not appealable (see, Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C5511.-1, at 128). Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Wallach and Lerner, JJ.