| Calabro v Preval |
| Motion No: 2006-10093 |
| Slip Opinion No: 2008 NYSlipOp 65287(U) |
| Decided on March 3, 2008 |
| 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
M66346
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. LIFSON
DANIEL D. ANGIOLILLO
RUTH C. BALKIN, JJ.
|
2006-10093, 2007-05990 Carmine Calabro, Jr., etc., appellant, v Horacio Preval, et al., respondents. (Index No. 13746-06)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from two orders of the Supreme Court, Suffolk County, dated September 18, 2006, and May 8, 2007, respectively, to dismiss the appeals on the ground that (1) the order dated September 18, 2006 (Appellate Division Docket No. 2006-10093), was entered upon the appellant's default (see Marino v Termini, 4 AD3d 342) and (2) the appellant does not have standing to appeal from the order dated May 8, 2007 (Appellate Division Docket No. 2007-05990), as he never moved to vacate his default.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
RIVERA, J.P., LIFSON, ANGIOLILLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court