Wincor International, Inc. v Shalimar Construction Corp.
Motion No: 2010-00436
Slip Opinion No: 2010 NY Slip Op 60970(U)
Decided on January 14, 2010
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

M97343

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-00436

Wincor International, Inc., et al., respondents,

v Shalimar Construction Corp., defendant,

Alexander Herman, etc., appellant.

(Index No. 5645/07)

DECISION & ORDER ON MOTION

Appeal by Alexander Herman from a judgment of the Supreme Court, Kings County, dated October 15, 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).

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court