Frankson v Brown & Williamson Tobacco Corporation
Motion No: 2007-01175
Slip Opinion No: 2007 NYSlipOp 73768(U)
Decided on July 18, 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

M57266

S/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2007-01175

Gladys Frankson, etc., respondent,

v Brown & Williamson Tobacco Corporation,

etc., et al., appellants.

(Index No. 24915/00)

DECISION & ORDER ON MOTION

Appeal by the defendants from an order of the Supreme Court, Kings County, dated December 8, 2006.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the appellants' default (see Marino v Termini, 4 AD3d 342).

RITTER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court