| 661 Flushing Realty, LLC v University Studio, Inc. |
| Motion No: 2006-11279 +1 |
| Slip Opinion No: 2007 NYSlipOp 68887(U) |
| Decided on May 4, 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
M54188
E/sl
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
PETER B. SKELOS
WILLIAM E. McCARTHY, JJ.
|
2006-11279, 2006-11253 661 Flushing Realty, LLC, respondent, v University Studio, Inc., appellant. (Action No. 1) (Index No. 14910/06) University Studio, Inc., appellant, v NYCTL 1997-1 Trust, etc., et al., respondents. (Action No. 2) (Index No. 33877/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent 661 Flushing Realty, LLC, to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 13, 2006 (Appellate Division Docket No. 2006-11279), on the ground that no appeal lies from an order entered upon the default of the appealing party. Separate motion by the appellant to hear the appeal from that order together with an appeal from an order of the same court also dated October 13, 2006 (Appellate Division Docket No. 2006-14910).
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion of the respondent 661 Flushing Realty, LLC, to dismiss the appeal from the order dated October 13, 2006 (Appellate Division Docket No. 2006-11279), on the ground that no appeal lies from a judgment entered upon the default of the appealing party is granted, and that appeal is dismissed, without costs or disbursements (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the appellant's motion to hear the appeals together is denied as academic.
SPOLZINO, J.P., FLORIO, SKELOS and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court