661 Flushing Realty, LLC v University Studio, Inc.
Motion No: 2006-11279
Slip Opinion No: 2007 NYSlipOp 72043(U)
Decided on June 20, 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

M56128

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

WILLIAM E. McCARTHY, JJ.

2006-11279

661 Flushing Realty, LLC, respondent,

v University Studio, Inc., appellant.

(Index No. 14910/06)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue the motion of the respondent 661 Flushing Realty, LLC, to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 13, 2006, on the ground that no appeal lies from an order entered upon the default of the appealing party, which was determined by decision and order on motion dated May 4, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SPOLZINO, J.P., FLORIO, SKELOS and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court