| Bruker v Posner |
| Motion No: 2005-10671 |
| Slip Opinion No: 2006 NYSlipOp 71853(U) |
| Decided on July 12, 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
M41990
S/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
FRED T. SANTUCCI
MARK C. DILLON, JJ.
|
2005-10671 Stephanie Bruker, et al., appellants, v Jon Posner, etc., et al., respondents. (Index No. 05-6873)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Westchester County, dated October 4, 2005, inter alia, to strike the appellants' brief on the ground that it does not comply with the rules of this court, and cross motion by the appellants, inter alia, to strike the respondents' brief on the ground that it was not properly served upon them.
Upon the papers filed in support of the motion and the cross 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 parties (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the motion and the cross motion are denied as academic.
FLORIO, J.P., ADAMS, SANTUCCI and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court