| Volunteer Fire Association of Tappan, Inc. v County of Ro |
| Motion No: 2010-11956 |
| Slip Opinion No: 2011 NY Slip Op 69023(U) |
| Decided on April 5, 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
M116236
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 |
Renewed 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., which was determined by decision and order on motion dated January 28, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notices of appeal and the notice of cross appeal are deemed to be notices of appeal and a notice of cross appeal from a corrected judgment of the same court dated December 13, 2010 (see CPLR 5512[a]); and it is further,
ORDERED that the renewed motion is granted, the appeal by Morano Brothers Corp. from the corrected judgment dated December 13, 2010, is dismissed, without costs or disbursements, on the ground that no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511).
MASTRO, J.P., DILLON, ENG and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court