| Ceballos v New York City Health & Hospital Corporation |
| Motion No: 2007-02898 |
| Slip Opinion No: 2007 NYSlipOp 78988(U) |
| Decided on September 25, 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
M60100
S/nl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
THOMAS A. DICKERSON, JJ.
|
2007-02898
Brian Ceballos, etc., appellant, v New York City Health and Hospital Corporation, et al., respondents, et al., defendants. (Index No. 3717/04)
| 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, Queens County, dated January 8, 2007.
Now, upon 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 default of the appealing party (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the application to enlarge time is denied as academic.
MILLER, J.P., RITTER, GOLDSTEIN and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court