| Klinger v Thorton-Burns Owners |
| Motion No: 2009-00941 |
| Slip Opinion No: 2009 NY Slip Op 77744(U) |
| Decided on July 13, 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
M89305
B/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2009-00941
Susan Klinger, appellant, v Thorton-Burns Owners, et al., respondents. (Index No. 18661/05)
| 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 December 23, 2008.
Upon the papers filed in support of the application and no papers having been filed in opposition thereof, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the appellant's default (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the application is denied as academic.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court