Jennings v Jennings
Motion No: 2009-08396
Slip Opinion No: 2009 NY Slip Op 84022(U)
Decided on September 24, 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

M92385

S/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2009-08396

Seandra Small Jennings, respondent,

v Maurice Jennings, appellant.

(Index No. 24694/05)

DECISION & ORDER ON MOTION

Appeal by Maurice Jennings from a judgment of the Supreme Court, Kings County, dated September 17 , 2008.

ORDERED that on the court's own motion the scheduling order of this court dated September 16, 2009, in the above-entitled appeal, is recalled and vacated; and it is further,

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).

SKELOS, J.P., SANTUCCI, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court