Lambert v Schreiber
Motion No: 2007-06552
Slip Opinion No: 2007 NYSlipOp 81229(U)
Decided on October 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

M61161

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-06552, 2007-08992

Donald Lambert, respondent,

v Laurence Schreiber, appellant.

(Index No. 9385-99)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Suffolk County, dated February 1, 2007, and a judgment of the same court entered April 25, 2007.

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

ORDERED that the appeals are 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).

PRUDENTI, P.J., FISHER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court