| Pavlou v Associated Food Stores, Inc. |
| Motion No: 2010-06137 |
| Slip Opinion No: 2010 NY Slip Op 91894(U) |
| Decided on December 23, 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
M113100
B/sl
ANITA R. FLORIO, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
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2010-06137 DECISION & ORDER ON APPLICATION Thomas Pavlou, et al., appellants, v Associated Food Stores, Inc., et al., respondents. (Index No. 4263/08)
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Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 14, 2010.
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 the appeal is dismissed, without costs or disbursements, as no appeal lies from an order made upon the default of the appealing party (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the application is denied as academic.
FLORIO, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court