| NYCTL 1998-2 Trust v McGill |
| Motion No: 2010-04970 |
| Slip Opinion No: 2011 NY Slip Op 75890(U) |
| Decided on June 16, 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
M121765
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2010-04970 NYCTL 1998-2 Trust, etc., respondent, v Carnell McGill, appellant. (Index No. 16113/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated March 1, 2010, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
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 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 motion is denied as academic.
RIVERA, J.P., FLORIO, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court