Majority
p. 160In the Matter of Peter C. Tosto et al., Respondents, v Capital Investment Holdings, Inc., et al., Appellants. [711 NYS2d 718]
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.