Rosendale v Harrison and Burrowes Bridge Construction
Motion No: 2011-00106
Slip Opinion No: 2011 NY Slip Op 62819(U)
Decided on February 1, 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

M114774

E/ct

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2011-00106

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 an order of the Supreme Court, Dutchess County, dated November 23, 2010, on the ground that the order "ultimately relates to a Decision and Order granted on default."

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 the motion is denied.

COVELLO, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court