| Lueders v Boma-Lueders |
| Motion No: 2010-00319 |
| Slip Opinion No: 2010 NY Slip Op 69010(U) |
| Decided on April 9, 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
M101140
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2010-00319 Meno Lueders, respondent, v Nellie Boma-Lueders, appellant. (Index No. 07-7745)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of a judgment of the Supreme Court, Rockland County, entered November 24, 2009, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the motion is denied as academic.
FISHER, J.P., DILLON, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court