Wells Fargo Financial Leasing, Inc. v Marano
Motion No: 2010-12055
Slip Opinion No: 2011 NY Slip Op 74839(U)
Decided on June 7, 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

M121180

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-12055

Wells Fargo Financial Leasing, Inc., plaintiff,

v Carlo Marano, etc., et al., defendants third-party

plaintiffs-appellants; Docusource Business

Solutions, LLC, et al., third-party defendants-

respondents.

(Index No. 622/09)

DECISION & ORDER ON MOTION

Application by the defendants third-party plaintiffs-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Putnam County, entered October 21, 2010.

Upon the papers filed in support of the application 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 an appealing party (see CPLR 5511); and it is further,

ORDERED that the application is denied as academic.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court