Appellate Division: Second Judicial Department

M158749

E/sl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-04763, 2012-09629 Heungsoo Choi, et al., appellants, v Moussa Ba, et al., respondents. (Index No. 28439/09)

DECISION & ORDER ON MOTION

Motion by the respondents to strike stated portions of the record and the appellants' brief on appeals from an order of the Supreme Court, Kings County, dated April 18, 2012, and a judgment of the same court entered May 22, 2012, on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief.

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

ORDERED that on the Court's own motion, the appeals are dismissed, without costs or disbursements, on the ground that no appeal lies from an order or judgment entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that on the Court's own motion, so much of a decision and order on motion of this Court dated December 7, 2012, as held in abeyance the respondents' motion to dismiss the appeal from the order dated April 18, 2012, and referred the respondents' motion to the panel of Justices hearing the appeals for determination upon the argument or submission thereof is recalled and vacated, and the respondents' motion to dismiss the appeal from the order dated April 18, 2012, is denied as academic; and it is further,

ORDERED that the respondents' motion is denied as academic.

SKELOS, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court