Volunteer Fire Association of Tappan, Inc. v Coun
Motion No: 2010-11956
Slip Opinion No: 2011 NY Slip Op 62635(U)
Decided on January 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M114775

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-11956

Volunteer Fire Association of Tappan, Inc.,

respondent-appellant, v County of Rockland,

et al., appellants-respondents.

(Index No. 07-10907)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on appeals and a cross appeal from a judgment of the Supreme Court, Rockland County, dated November 17, 2010, to dismiss an appeal by Morano Brothers Corp. on the ground that no appeal lies from a judgment entered upon the default of the appealing party.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

MASTRO, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court