| D'Angelo v Carvel Corporation |
| Motion No: 2005-10132 |
| Slip Opinion No: 2006 NYSlipOp 68465(U) |
| Decided on May 10, 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
M39442
O/sl
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2005-10132 Santo D'Angelo, appellant, v Carvel Corporation, et al., respondents. (Index No. 26179/03)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order Supreme Court, Queens County, dated August 4, 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, on the ground that no appeal lies from an order entered upon the default of the appealing party (see Viggiani v Grodotzke, 306 AD2d 273); and it is further,
ORDERED that the application is denied as academic.
CRANE, J.P., RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court