Appellate Division: Second Judicial Department

M102264

E/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-08491, 2009-08503 Pasquale Sicuranza, appellant, v Joan McDonald, respondent. (Appeal No. 1) Pasquale Sicuranza, respondent, v Joan McDonald appellant. (Appeal No. 2) (Index No. 39100-07)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by Joan McDonald to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated July 28, 2009 (Appellate Division Docket No. 2009-08491), on the ground that the record on appeal is inadequate, to enlarge the record to include certain documents, to enlarge her time to serve and file a brief as a respondent on that appeal, and to enlarge her time to perfect an appeal from an order of the same court dated July 28, 2009 (Appellate Division Docket No. 2009-08503).

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 from the order dated July 28, 2009 (Appellate Division Docket No. 2009-08503), is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342); and it is further,

ORDERED that the branches of the motion which are to dismiss the appeal from the judgment dated July 28, 2009 (Appellate Division Docket No. 2009-08491), and to enlarge the record on that appeal are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge Joan McDonald's time to serve and file a brief as a respondent on the appeal from the judgment dated July 28, 2009 (Appellate Division Docket No. 2009-08491), is denied as she is not a respondent on that appeal, as the judgment was entered upon her default; and it is further,

ORDERED that the branch of the motion which is to enlarge Joan McDonald's time to perfect the appeal from the order dated July 28, 2009 (Appellate Division Docket No. 2009-08503), is denied as academic.

MASTRO, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court