Marshall v Marshall
Motion No: 2012-05691
Slip Opinion No: 2012 NY Slip Op 79698(U)
Decided on July 24, 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

M141085

E/nl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2012-05691

Louise B. Marshall, respondent,

v Brian J. Marshall, appellant.

(Index No. 6429/10)

DECISION & ORDER ON MOTION

Appeal by Brian J. Marshall from a judgment of the Supreme Court, Dutchess County, dated November 10, 2011.

On the Court's own motion, it is

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

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

ENTER:

Aprilanne Agostino

Clerk of the Court