Matter of Downing v New York City Department of Educatio

Matter of Downing v New York City Department of Educatio

Motion No: 2006-06940

Slip Opinion No: 2006 NYSlipOp 73349(U)

Decided on August 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M42962

S/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2006-06940
In the Matter of Raquel Downing, respondent,
v New York City Department of Education, etc.,
et al., appellants.
(Index No. 39371/05)

DECISION & ORDER ON MOTION

Appeal by New York City Department of Education, Martin Weinstein, and Anita Skopp, from an order of the Supreme Court, Kings County, dated May 30, 2006.

Now, on the court's own motion, it is

ORDERED that 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., SCHMIDT, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court