Daddi v Will
Motion No: 2007-11534
Slip Opinion No: 2008 NYSlipOp 74037(U)
Decided on June 6, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M71507

S/sl

PETER B. SKELOS, J.P.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2007-11534

Antonio Daddi, appellant, v Kevin Will,

et al., defendants;

Robert K. Young & Associates,

nonparty-respondent.

(Index No. 17693/06)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 13, 2007.

Upon the papers filed an support of the application and no papers having been filed in opposition; thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the appellant's default (see Marino v Termini, 4 AD3d 342); and it is further,

ORDERED that the application is denied as academic.

SKELOS, J.P., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court