| Barbara Wynter v Sam Mirza |
| Motion No: 2012-00677 roc |
| Slip Opinion No: 2013 NY Slip Op 86841(U) |
| Decided on September 23, 2013 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
HECTOR D. LaSALLE
ANTHONY MARANO, JJ.
DECISION & ORDER ON MOTION
| Barbara Wynter, Respondent, v Sam Mirza, Appellant, and Zahida Mirza, Defendant. |
Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County, entered February 13, 2012.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
The notice of appeal in this matter was filed only by appellant Sam Mirza. Inasmuch as appellant defaulted in appearing at trial, he is not considered aggrieved by the judgment and cannot appeal therefrom (see CPLR 5511).
ENTER:
Paul Kenny
Chief Clerk