| Town of Carmel v Hyra |
| Motion No: 2010-11905 |
| Slip Opinion No: 2011 NY Slip Op 60085(U) |
| Decided on January 3, 2011 |
| 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
M113338
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2010-11905 Town of Carmel, plaintiff, v Marek Hyra, et al., appellants, Oxman, Tulis, Kirkpatrick, Whyatt & Geiger, respondent. (Index No. 1383/09)
| DECISION & ORDER ON MOTION |
Appeal by Marek Hyra and Krystna Hyra from an order of the Supreme Court, Putnam County, dated October 28, 2010.
On the Court's own motion, it is
ORDERED that 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).
DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court