| Schenk v Staten Island University Hospital |
| Motion No: 2008-06187 |
| Slip Opinion No: 2008 NYSlipOp 81184(U) |
| Decided on August 26, 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
M74968
E/cb
WILLIAM F. MASTRO, J.P.
ROBERT A. LIFSON
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2008-06187 Carolyn Schenk , appellant, v Staten Island University Hospital, et al., respondents, et al., defendant. (Index No. 11938/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Richmond County, dated May 19, 2008, as a poor person.
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 is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., LIFSON, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court