Appellate Division: Second Judicial Department

M171168

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-01389 Roseann Feaser, et al., appellants, v Allstate Insurance Company, et al., respondents. (Index No. 104348/11)

DECISION & ORDER ON MOTION

Motion by the respondent Allstate Insurance Company to dismiss an appeal from an order of the Supreme Court, Richmond County, dated November 16, 2012, as untimely taken or on the ground that the record is inadequate or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the respondent Techclean Restoration to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the Supreme Court, Richmond County, entered January 10, 2013, or on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record, and to enlarge the time to serve and file a brief.

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

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

ORDERED that the motions are denied as academic.

DILLON, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court