| Melendez v Gelco Corp. |
| Motion No: 2010-01010 |
| Slip Opinion No: 2010 NY Slip Op 62690(U) |
| Decided on February 4, 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. |
Appellate Division: Second Judicial Department
M98121
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2010-01010 Fermin Melendez, etc., et al., appellants, v Gelco Corp., et al., respondents, et al., defendants. (Index No. 2644/09)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiffs from an order of the Supreme Court, Queens County, dated November 13, 2009.
Now, upon 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; Marino v Termini, 4 AD3d 342).
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court