| Matter of City of Glen Cove Industrial Development Agency |
| Motion No: 2010-10188 |
| Slip Opinion No: 2010 NY Slip Op 87293(U) |
| Decided on November 8, 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
M110702
E/sl
MARK C. DILLON, J.P.
FRED T. SANTUCCI
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2010-10188 In the Matter of City of Glen Cove Industrial Development Agency, respondent; Doxside Industries, Inc., appellant. (Index No. 17614/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to permit it to remain on the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated October 13, 2010.
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, on the ground that 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 motion is denied as academic.
DILLON, J.P., SANTUCCI, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court