| Zaretsky v Berlin |
| Motion No: 2010-00256 |
| Slip Opinion No: 2010 NY Slip Op 70840(U) |
| Decided on May 7, 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
M102483
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
HOWARD MILLER
LEONARD B. AUSTIN, JJ.
|
2010-00256, 2010-00257 Elliot Zaretsky, et al., respondents, v Aaron Berlin, et al., appellants. (Index No. 7859/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from an order of the Supreme Court, Nassau County, entered November 6, 2009, and a judgment of the same court entered December 1, 2009, to stay enforcement of the judgment pending hearing and determination of the appeals. Cross motion by the respondents to dismiss the appeals on the ground that no appeal lies from a judgment or an order entered upon the default of the appealing party.
Upon the papers filed in support of the motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, it is
ORDERED that the cross motion is granted and the appeals are dismissed, without costs or disbursements (see CPLR 5511; Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., FLORIO, MILLER and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court