Ashby v Ajaero
Motion No: 2011-04789
Slip Opinion No: 2011 NY Slip Op 73917(U)
Decided on May 26, 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

M120619

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-04789

Kevin Ashby, appellant,

v Henrietta Ajaero, et al., respondents.

(Index No. 07-7036)

DECISION & ORDER ON MOTION

Appeal by Kevin Ashby from an order of the Supreme Court, Orange County, dated March 7, 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 an order 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