Clemmons v County of Nassau
Motion No: 2012-11115
Slip Opinion No: 2013 NY Slip Op 62933(U)
Decided on January 29, 2013
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

M150485

E/ct

WILLIAM F. MASTRO, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-11115, 2012-11117

Joan E. Clemmons, appellant,

v County of Nassau, respondent.

(Index No. 142/12)

DECISION & ORDER ON MOTION

Motion by the appellant to enjoin the sale of a certain tax lien on her premises, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, entered August 31, 2012, and October 1, 2012, respectively.

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 on the Court's own motion, the appeal from the order entered August 31, 2012 (Appellate Division Docket No. 2012-11115), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of an appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is denied.

MASTRO, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court