Rivera v Rivera
Motion No: 2006-00496
Slip Opinion No: 2006 NYSlipOp 61178(U)
Decided on January 27, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35367

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2006-00496

Oscar Rivera, appellant,

v Adelaida Rivera, respondent.

(Index No. 9354/01)

DECISION & ORDER ON MOTION

Appeal by Oscar Rivera from an order of the Supreme Court, Queens County, dated October 4, 2005.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see Termini v Termini, 4 AD3d 342).

ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court