| Shanker v Costco Wholesale |
| Motion No: 2008-00954 |
| Slip Opinion No: 2008 NYSlipOp 74067(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. |
Appellate Division: Second Judicial Department
M71518
S/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
|
2008-00954 Tetri Shanker, appellant, v Costco Wholesale, respondent. (Index No. 9649/05)
| DECISION & ORDER ON MOTION |
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, Queens County, dated January 4, 2008.
Now, on the court's own motion, 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.
SPOLZINO, J.P., SANTUCCI, ENG and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court