Wells Fargo Equipment Finance, Inc. v Ahava Food Corp.

Wells Fargo Equipment Finance, Inc. v Ahava Food Corp.

Motion No: 2009-06651

Slip Opinion No: 2009 NY Slip Op 79289(U)

Decided on July 29, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M90058

S/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2009-06651
Wells Fargo Equipment Finance, Inc., respondent,
v Ahava Food Corp., et al., appellants, et al.,
defendant.
(Index No. 07-10300)

DECISION & ORDER ON MOTION

Appeal by Ahava Food Corp., St. Lawrence Food Corp., and Lewis County Dairy Corp., from an order and judgment (one paper) of the Supreme Court, Rockland County, dated May 28, 2009.

Now, on the court's own motion, 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 appealing party (see CPLR 5511).

RIVERA, J.P., ENG, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court