| Indymac Federal Bank FSB v Geffen |
| Motion No: 2009-06104 |
| Slip Opinion No: 2010 NY Slip Op 73071(U) |
| Decided on June 1, 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
M102855
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2009-06104 Indymac Federal Bank, FSB, respondent, v Richard Geffen, et al., defendants, Sylvia Geffen, appellant. (Index No. 21165/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 20, 2009, on the ground that no appeal lies from an order entered upon the default of the appealing party.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is dismissed, without costs or disbursements (see Marino v Termini, 4 AD3d 342).
DILLON, J.P., BALKIN, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court