| M & T Bank, a/k/a Manufacturers & Traders Trust Compa |
| Motion No: 2006-00372 |
| Slip Opinion No: 2006 NYSlipOp 65488(U) |
| Decided on March 23, 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. |
Appellate Division: Second Judicial Department
M37622
C/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2006-00372 M & T Bank, a/k/a Manufacturers & Traders Trust Company, respondent v Amanda Geaney, et al., appellants. (Index No. 4991/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Dutchess County, dated September 21, 2005, to dismiss the appeal on the ground that the appeal was untimely taken.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements on the ground that no appeal lies from an order entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court