| Nicolas v Pierre |
| Motion No: 2007-01940 |
| Slip Opinion No: 2007 NYSlipOp 75905(U) |
| Decided on August 15, 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
M58530
S/sl
STEPHEN G. CRANE, J.P.
ANITA R. FLORIO
PETER B. SKELOS
RUTH C. BALKIN, JJ.
|
2007-01940
Gerald Nicolas, appellant, v Dully Pierre, et al., defendants, Greater N.Y. Frozen Food Distribution, Inc., et al., respondents. (Index No. 15884/04)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 20, 2006.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the application is denied as academic.
CRANE, J.P., FLORIO, SKELOS and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court