| Washington v Queens Organization, LLC |
| Motion No: 2009-00709 |
| Slip Opinion No: 2009 NY Slip Op 77327(U) |
| Decided on July 7, 2009 |
| 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
M88988
S/sl
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2009-00709
Kenneth Washington, appellant, v Queens Organization, LLC, respondent. (Index No. 8437/07)
| DECISION & ORDER ON APPLICATION |
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 November 26, 2008.
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 an order entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the application is denied as academic.
MASTRO, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court