| Rosendale v Harrison and Burrowes Bridge Constructors, I |
| Motion No: 2010-09356 |
| Slip Opinion No: 2010 NY Slip Op 89232(U) |
| Decided on November 30, 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
M111117
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2010-09356 Donald P. Rosendale, appellant, v Harrison and Burrowes Bridge Constructors, Inc., respondent. (Index No. 4735/07)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Dutchess County, dated August 2, 2010, on the ground that the judgment was entered upon the appellant's default, and this Court dismissed the appellant's prior appeal from an order dated July 20, 2009, upon which the judgment was entered (see Marino v Termini, 4 AD3d 342).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.
FLORIO, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court