Misek-Falkoff v Westchester Medical Center
Motion No: 2012-11202
Slip Opinion No: 2013 NY Slip Op 77564(U)
Decided on June 21, 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

M158285

E/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-11202, 2012-11206

Linda D. Misek-Falkoff, etc., appellant,

v Westchester Medical Center, et al.,

respondents.

(Index No. 11-54015)

DECISION & ORDER ON MOTION

Separate motions by the respondents Westchester Medical Center and Westchester County Health Care Corp. and the respondent Fieldston Lodge Care Center/Nursing Home, Inc., inter alia, to dismiss appeals from two orders of the Supreme Court, Westchester County, both dated June 25, 2012, on the ground that no appeal lies from an order entered upon the default of the appealing party.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to dismiss the appeals on the ground that no appeal lies from an order entered upon the default of the appealing party are granted and the appeals are dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the motions are otherwise denied as academic.

ANGIOLILLO, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court