| Antonelli v Amboy Enterprises, LLC |
| Motion No: 2006-03641 |
| Slip Opinion No: 2006 NYSlipOp 69652(U) |
| Decided on June 2, 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
M40290
A/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2006-03641 Nick Antonelli, et al., respondents, v Amboy Enterprises, LLC, appellant. (Index No. 13501/04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Richmond County, dated February 1, 2006, on the ground that no appeal lies from an order entered upon the default of the appealing party.
Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
FLORIO, J.P., CRANE, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court