| Rochel B. Bernstein v Serge Rozenbaum, Yehuda Bernstein & Allison Bernstein |
| Motion No: 2008-00584 KC |
| Slip Opinion No: 2008 NYSlipOp 70438(U) |
| Decided on April 10, 2008 |
| Appellate Term, 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 TERM : 2nd and 11th JUDICIAL DISTRICTS
| ROCHEL B. BERNSTEIN, Respondent, -against- SERGE ROZENBAUM, YEHUDA BERNSTEIN and ALLISON BERNSTEIN, Appellants. |
DECISION
On the court's own motion, the appeal from " the decision/order" dated May 3, 2006, is deemed an appeal from the final judgments entered thereon on said date (see CPLR 5520 [c]), and are dismissed.
The appeal, insofar as taken by appellants Serge Rozenbaum and Allison Bernstein, is dismissed because the final judgment against them was entered on default, and no appeal lies from a final judgment entered on default (CPLR 5511). The appeal, insofar as taken by appellant Yehuda Bernstein, is dismissed for failure to perfect (see Appellate Term - Second Department Rules, 22 NYCRR 731.8 [a]).