Appellate Division: Second Judicial Department

M128129

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JEFFREY A. COHEN, JJ.

2011-05991 Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuworth, LLC, plaintiffs- respondents, v Comprehensive Mental Assessment & Medical Care, P.C., et al., appellants-respondents, Robert Baker, respondent-appellant, Douglas Sanders, et al., defendants-respondents. (Index No. 16008/07)

DECISION & ORDER ON MOTION

Motion by the defendants-respondents Douglas Sanders, Marc Grossman, and Todd Fass to dismiss the appeal by the appellants-respondents from an order of the Supreme Court, Nassau County, dated May 10, 2011, to the extent that the appeal is from so much of the order as granted the motion of the defendants-respondents Douglas Sanders, Marc Grossman, and Todd Fass to dismiss the second amended verified answer of the appellants-respondents insofar as asserted against the defendants-respondents Douglas Sanders, Marc Grossman, and Todd Fass on the ground that no appeal lies from an order entered upon the default of the appealing party.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal by the appellants-respondents from so much of the order as granted the motion of the defendants-respondents Douglas Sanders, Marc Grossman, and Todd Fass to dismiss the second amended verified answer of the appellants-respondents insofar as asserted against the defendants-respondents Douglas Sanders, Marc Grossman, and Todd Fass is dismissed, without costs or disbursements.

DILLON, J.P., BALKIN, ENG and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court