Appellate Division: Second Judicial Department

M120468

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-09199 Bank of New York, etc., respondent, v Margarita Segui, appellant, et al., defendants. (Index No. 47606/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this Court dated March 29, 2011, which dismissed an appeal from an order of the Supreme Court, Kings County, dated July 29, 2010, on the ground that the order was entered on the appellant's default, and to reinstate the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated March 29, 2011, is amended by deleting the first decretal paragraph thereof, and substituting therefor the following decretal paragraphs:

"ORDERED that on the Court's own motion, the appeal from so much of the order dated July 29, 2010, as denied the appellant's motion upon her default in appearing is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,"

"ORDERED that on the Court's own motion, the appeal from so much of the order dated July 29, 2010, as directed that the appellant shall make no further motions without prior written permission of the court is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,"

and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., DICKERSON, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court