Mora v Scarpitta
Motion No: 2006-11603
Slip Opinion No: 2007 NYSlipOp 73065(U)
Decided on July 5, 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

M56703

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

ANITA R. FLORIO

STEVEN W. FISHER, JJ.

2006-11603

Mairelis Mora, appellant,

v Peter Scarpitta, et al., respondents.

(Index No. 1000/04)

DECISION & ORDER ON MOTION

Appeal by Mairelis Mora from an order of the Supreme Court, Queens County, dated September 21, 2006.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342).

RIVERA, J.P., RITTER, FLORIO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court