| Option One Mortgage Corporation v Unterhalter |
| Motion No: 2010-03073 |
| Slip Opinion No: 2010 NY Slip Op 88136(U) |
| Decided on November 17, 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
M111075
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
PLUMMER E. LOTT, JJ.
|
2010-03073 Option One Mortgage Corporation, respondent, v Stephen Unterhalter, et al., appellants, et al., defendants.
(Index No. 08-11373)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, dated January 29, 2010, as a poor person, and to enlarge the time to perfect the appeal. Application by the respondent to adjourn the return date of the motion so that its opposition papers to the motion may be accepted.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the appeal 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 motion is denied as academic; and it is further,
ORDERED that the application is granted.
SKELOS, J.P., DICKERSON, ENG and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court