| Foxen Company v Irish Pub, Ltd. |
| Motion No: 2006-02401 |
| Slip Opinion No: 2006 NYSlipOp 68743(U) |
| Decided on May 15, 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
M39650
A/sl
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2006-02401 Foxen Company, respondent, v Irish Pub, Ltd., et al., appellants. (Index No. 13362/04)
| DECISION & ORDER ON MOTION |
Appeal by Irish Pub, Ltd., and John Bermingham from an order of the Supreme Court, Nassau County, entered January 4, 2006. By order to show cause dated March 15, 2006, the parties were directed to show cause before this court why an order should or should not be made and entered dismissing this appeal on the ground that the appellants are not aggrieved by an order entered upon their default in opposing the motion which resulted in the order entered January 4, 2006 (see Marino v Termini, 4 AD3d 342).
Upon the papers filed in support of the order to show cause and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements.
ADAMS, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court