| Raciti v Sands Point Nursing Home |
| Motion No: 2006-11168 |
| Slip Opinion No: 2007 NYSlipOp 63260(U) |
| Decided on February 15, 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. |
Appellate Division: Second Judicial Department
M50676
E/sl
GLORIA GOLDSTEIN, J.P.
STEVEN W. FISHER
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2006-11168 Erna M. Raciti, etc., et al., appellants, v Sands Point Nursing Home, et al., respondents. (Index No. 1641/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, entered September 11, 2006, on the ground that no appeal lies from an order entered upon the appellant's default.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511; Marino v Termini, 4 AD3d 342).
GOLDSTEIN, J.P., FISHER, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court