| Brownfield v Ferris |
| Motion No: 2007-04025 |
| Slip Opinion No: 2007 NYSlipOp 74753(U) |
| Decided on August 1, 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
M57858
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2007-04025 Shy-Makka Brownfield, etc., et al., appellants, v William Ferris, respondent. (Index No. 5154/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated March 26, 2006, on the ground, inter alia, that no appeal lies from an order entered upon the appellants' default.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from an order entered upon the appellants' default is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., SPOLZINO, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court