| Boursiquot v Boursiquot |
| Motion No: 2010-05947 |
| Slip Opinion No: 2011 NY Slip Op 63637(U) |
| Decided on February 9, 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
M115245
E/sl
JOSEPH COVELLO, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2010-05947 Jean Boursiquot, appellant, v Mary-Denise Boursiquot, respondent. (Index No. 4363/07)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered April 23, 2010.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from so much of the judgment as was entered on the appellant's default is dismissed, without costs or disbursements, on the ground that no appeal lies from a judgment entered upon the default of the appellant (see CPLR 5511); and it is further,
ORDERED that the application is granted, the appellant's time to perfect the remaining portion of the appeal is enlarged until March 9, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
COVELLO, J.P., DICKERSON, HALL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court