| D'Elia v Courthouse Bar & Grill , also known as R & L Ba |
| Motion No: 2012-03622 |
| Slip Opinion No: 2012 NY Slip Op 84486(U) |
| Decided on September 14, 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. |
Appellate Division: Second Judicial Department
M143503
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2012-03622 Dianna D'Elia, etc., appellant, v Courthouse Bar & Grill, also known as R & L Bar, Inc., also known as Park Blvd, Inc., et al., defendants, Nassau County Police Department, et al., respondents. (Index No. 972/10)
| DECISION & ORDER ON MOTION |
Motion by the respondents FEGS Health & Human Services System, C. Tejera, and Caryn Albert to dismiss an appeal from an order of the Supreme Court, Nassau County, dated February 21, 2012, which was dismissed by decision and order on motion of this Court dated July 18, 2012, on the ground that no appeal lies from an order entered upon the default of an appealing party (see CPLR 5511).
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 denied as academic in light of the decision and order on motion of this Court dated July 18, 2012.
SKELOS, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court