Chavez v Katz
Motion No: 2011-07455
Slip Opinion No: 2011 NY Slip Op 88722(U)
Decided on November 2, 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

M128266

E/sl

ANITA R. FLORIO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-07455

Manuel Chavez, appellant,

v Scott J. Katz, et al., respondents.

(Index No. 17787/09)

DECISION & ORDER ON MOTION

Motion by the respondent Scott J. Katz to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 1, 2011, 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 is dismissed, without costs or disbursements (see CPLR 5511).

FLORIO, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court