| Lloyd v Lloyd |
| Motion No: 2011-08263 |
| Slip Opinion No: 2011 NY Slip Op 88538(U) |
| Decided on November 1, 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
M128119
E/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
RANDALL T. ENG
JEFFREY A. COHEN, JJ.
|
2011-08263 Joyce Lloyd, appellant, v Noel Lloyd, defendant, Pick-Up RSR H & Z Abstract, Inc., defendant- respondent, Karen Grant, defendant third-party plaintiff; Stewart Title Insurance Company, third-party defendant-respondent. (Index No. 9591/08)
| DECISION & ORDER ON MOTION |
Motion by Pick-Up RSR H & Z Abstract, Inc., to dismiss an appeal from an order of the Supreme Court, Queens County, entered June 23, 2011, as untimely taken.
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, 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 the motion is denied as academic.
DILLON, J.P., BALKIN, ENG and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court