Henry v Baichans, Inc.
Motion No: 2013-04836
Slip Opinion No: 2013 NY Slip Op 78119(U)
Decided on June 27, 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

M158412

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2013-04836

Ramsey Henry, appellant,

v Baichans, Inc., respondent.

(Index No. 5498/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 13, 2013, on the ground that no appeal lies from an order entered upon the default of an appealing party.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511).

RIVERA, J.P., BALKIN, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court