| Davoudiasl v Mardani |
| Motion No: 2010-09580 |
| Slip Opinion No: 2010 NY Slip Op 88417(U) |
| Decided on November 19, 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
M111261
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2010-09580 Farazad Davoudiasl, appellant, v Afsaneh Mardani, respondent. (Index No. 45316-09)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay a hearing on the issue of his contempt in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated August 19, 2010.
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 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.
RIVERA, J.P., FISHER, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court