| Matter of Progressive Northeastern Insurance Company v Fox |
| Motion No: 2013-01886 |
| Slip Opinion No: 2013 NY Slip Op 85654(U) |
| Decided on September 18, 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. |
Appellate Division: Second Judicial Department
M162343
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2013-01886 In the Matter of Progressive Northeastern Insurance Company, petitioner-respondent, v Laura Fox, appellant; George Alamia, et al., respondents-respondents. (Index No. 16845/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this Court dated July 11, 2013, as amended August 21, 2013, which dismissed an appeal from an order of the Supreme Court, Suffolk County, dated December 28, 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 motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
BALKIN, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court