| De Paolis v Pisculli |
| Motion No: 2008-01265 |
| Slip Opinion No: 2008 NYSlipOp 78138(U) |
| Decided on July 18, 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
M73186
E/cb
PETER B. SKELOS, J.P.
JOSEPH COVELLO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
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2008-01265 DECISION & ORDER ON APPLICATION Livia De Paolis, appellant, v Nicholas Pisculli, respondent. (Index No. 31179/06)
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Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated December 21, 2007.
Upon the papers filed in 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 a judgment entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the application is denied as academic.
SKELOS, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court