Wimmershoff v Ahuactzin
Motion No: 2012-02057
Slip Opinion No: 2012 NY Slip Op 68244(U)
Decided on March 23, 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

M135280

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2012-02057, 2012-02060

Ralf Wimmershoff, respondent,

v Leticia Gonzalez Ahuactzin, appellant.

(Index No. 10-23396)

DECISION & ORDER ON MOTION

Appeals by Leticia Gonzalez Ahuactzin from a judgment and a decision of the Supreme Court, Westchester County, both dated December 22, 2011.

On the Court's own motion, it is

ORDERED that the appeal from the judgment is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the default of an appealing party (see CPLR 5511); and it is further,

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509).

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

ENTER:

Aprilanne Agostino

Clerk of the Court