Appellate Division: Second Judicial Department

M70155

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2008-00599, 2008-03363 Randie Sanford, respondent, v Gary Sanford, appellant. (Index No. 200950/07)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, dated November 16, 2007, and April 8, 2008, respectively, inter alia, to vacate the orders, and for leave to appeal to this court from the order dated April 8, 2008.

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

ORDERED that on the court's own motion, the appeal from the order dated November 14, 2007 (Appellate Division Docket No. 2008-00599), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order dated April 8, 2008, is denied; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right from the order dated April 8, 2008 (Appellate Division Docket No. 2008-03363), is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

FISHER, J.P., FLORIO, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court