| Fleming v Gross |
| Motion No: 2010-11883 |
| Slip Opinion No: 2011 NY Slip Op 67456(U) |
| Decided on March 21, 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
M117261
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2010-11883 Sharon Fleming, etc., respondent, v Marcus Gross, appellant. (Index No. 555/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated September 13, 2010, as a poor person and for the assignment of counsel.
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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., CHAMBERS, HALL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court