Williams v Atluri
Motion No: 2006-01446 +1
Slip Opinion No: 2007 NYSlipOp 61229(U)
Decided on January 17, 2007
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

M47385

E/sl

GLORIA GOLDSTEIN, J.P.

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-01446, 2006-10674

Angela D. Williams, etc., appellant,

v Purna Atluri, etc., respondent.

(Index No. 48047/01)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Kings County, dated January 3, 2006, and a judgment of the same court entered January 31, 2006, to enlarge the time to perfect the appeal from the order.

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 appeals are dismissed, without costs or disbursements, as no appeal lies from an order or a judgment entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342; Lumberman's Mut. Cas. Co. v Fireman's Fund American Insurance Co., 117 AD2d 588); and it is further,

ORDERED that the motion is denied as academic.

GOLDSTEIN, J.P., FISHER, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court