| Johnson v Tranquille |
| Motion No: 2008-04816 |
| Slip Opinion No: 2008 NYSlipOp 88168(U) |
| Decided on November 3, 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
M78060
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. LIFSON
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2008-04816 Boswell A. Johnson, et al., respondents, v Bertin Tranquille, et al., appellants. (Index No. 9901/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 28, 2008, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion, which is to dismiss the appeal is granted, and 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 otherwise denied as academic.
RIVERA, J.P., LIFSON, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court