| D&W Construction v Israel |
| Motion No: 2010-02619 |
| Slip Opinion No: 2010 NY Slip Op 69279(U) |
| Decided on April 22, 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
M101735
E/sl
MARK C. DILLON, J.P.
HOWARD MILLER
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2010-02619 D & W Construction, respondent, v Milius Israel, et al., appellants. (Index No. 04-17918)
| DECISION & ORDER ON MOTION |
Motion by the appellants to deem the notice of appeal from an order of the Supreme Court, Westchester County, dated January 12, 2010, to be a notice of appeal from a judgment of the same court entered February 12, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted (see CPLR 5512); and it is further,
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 appealing party (see Marino v Termini, 4 AD3d 342).
DILLON, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court