| Zawadzki v 903 E. 51st Street, LLC |
| Motion No: 2009-02729 |
| Slip Opinion No: 2009 NY Slip Op 86342(U) |
| Decided on October 20, 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
M93337
S/sl
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
|
2009-02729 Zenon Zawadzki, et al., respondents, v 903 E. 51st Street, LLC, defendant third-party plaintiff, et al., defendant; Ferro Fabricators, Inc., third-party defendant-appellant (and another third-party action). (Index No. 33901/05)
| 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, Kings County, dated December 19, 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 on default (see Marino v Termini, 4 AD2d 342); and it is further,
ORDERED that the application is denied as academic.
MASTRO, J.P., BALKIN, ENG and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court