Appellate Division: Second Judicial Department

M66355

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2007-07046, 2008-00394 Ezekiel Idowu, et al., appellants, v Charles Zerelli, et al., respondents. (Index No. 103088/05)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Richmond County, both dated February 20, 2007, for leave to amend the caption to replace New York Mortgage, LLC, with Hypothetica Capital, LLC, and to add Carol Laub as a respondent on the appeal. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is

ORDERED that on the court's own motion, the appeal from the order dated February 20, 2007, 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 on the court's own motion, the appeal from the order dated February 20, 2007, which transferred the action to the Civil Court of the City of New York, Richmond County, pursuant to CPLR 325(d), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion and application are denied as academic.

RITTER, J.P., SANTUCCI, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court