| Yusupova v City of New York |
| Motion No: 2007-09315 |
| Slip Opinion No: 2008 NYSlipOp 65311(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
M66337
E/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-09315 Rosa Yusupova, appellant, v City of New York, et al., respondents. (Index No. 9761/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent Durga Kalijaya Saraswatidas to dismiss an appeal from an order of the Supreme Court, Queens County, dated August 28, 2007, on the ground that no appeal lies from an order entered on the default of the appealing party.
Upon the papers filed in support of the motion and the papers filed in 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).
SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court