| Rubeo v Curcio |
| Motion No: 2008-04248 |
| Slip Opinion No: 2008 NYSlipOp 77765(U) |
| Decided on July 15, 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
M73152
E/sl
ANITA R. FLORIO, J.P.
JOSEPH COVELLO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2008-04248 John Rubeo, et al., respondents, v Keith J. Curcio, et al., appellants, et al., defendants. (Index No. 1766-06)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Suffolk County, October 2, 2007, to enlarge the record on appeal to include an order of the same court dated July 25, 2007.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court