Plemper v Plemper
Motion No: 2011-04388
Slip Opinion No: 2011 NY Slip Op 73714(U)
Decided on May 24, 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

M120523

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-04388

Maria Plemper, respondent,

v Heinrich Plemper, appellant.

(Index No. 16728-08)

DECISION & ORDER ON MOTION

Appeal by Heinrich Plemper from an order of the Supreme Court, Suffolk County, entered March 24, 2011.

Now, on the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the default of an appealing party (see CPLR 5511).

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court