| Feldman v Feldman |
| Motion No: 2006-05057 |
| Slip Opinion No: 2006 NYSlipOp 70041(U) |
| Decided on June 7, 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
M40525
S/sl
ROBERT W. SCHMIDT, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2006-05057 Heinrich Feldman, respondent, v Peri Feldman, appellant.
(Index No. 4200/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated May 5, 2006, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers 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 appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
SCHMIDT, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court