Jumbo Investments v Green
Motion No: 2011-07495
Slip Opinion No: 2012 NY Slip Op 61449(U)
Decided on January 18, 2012
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

M131707

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-07495

Jumbo Investments, plaintiff,

v Schoen Green, et al., defendants;

Barbara Elizabeth Kern-Guerriere,

nonparty-appellant.

(Index No. 5620/09)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered March 11, 2011.

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 appellant's default (see CPLR 5511); and it is further,

ORDERED that the application is denied as academic.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court