| Steed v Steed |
| Motion No: 2005-10718 |
| Slip Opinion No: 2006 NYSlipOp 68439(U) |
| Decided on May 9, 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
M39417
S/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2005-10718
Dottie M. Steed, respondent, v Herbert Steed, et al., defendants, Steven D. Fricket, appellant. (Index No. 13906/01)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated August 19, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the aggrieved party (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the application is denied as academic.
CRANE, J.P., MASTRO, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court