| Caputo v Hibbert |
| Motion No: 2006-03005 |
| Slip Opinion No: 2006 NYSlipOp 76826(U) |
| Decided on September 29, 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
M25097
S/nl
ANITA R. FLORIO, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT J. LUNN, JJ.
|
2006-03005
Teresa M Caputo, plaintiff, v Jean-Francois Hibbert, etc., et al., respondents, Catskill Regional Medical Center, appellant, et al. defendant. (Index No. 5865/03)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated February 17, 2006.
Upon the papers filed in support of the application and the papers filed in opposition thereto, 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 Termini v Termini, 4 AD3d 342); and it is further,
ORDERED that the application to enlarge time is denied as academic.
FLORIO, J.P., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court