Floyd v Rollin F. Johnson Trucking, Inc.
Motion No: 2007-05947
Slip Opinion No: 2007 NYSlipOp 82077(U)
Decided on October 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M61651

E/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2007-05947

Bernita Floyd, appellant, v Rollin F. Johnson

Trucking, Inc., et al., respondents.

(Index No. 4948/05)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered May 31, 2007, on the ground that no appeal lies from a judgment entered on the default of the appealing party.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511; Lumberman's Mut. Cas. Co. v Fireman's Fund American Insurance Co., 117 AD2d 588).

SPOLZINO, J.P., KRAUSMAN, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court