| Duggan v 2101 Diner Corp. |
| Motion No: 2013-08704 |
| Slip Opinion No: 2014 NY Slip Op 66971(U) |
| Decided on March 20, 2014 |
| 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
M171302
E/ct
THOMAS A. DICKERSON, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
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2013-08704 ORDER ON APPLICATION Ann Duggan, appellant, v 2101 Diner Corp., etc., respondent. (Index No. 1313/06)
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Motion by the respondent to strike stated portions of the record and the appellant's brief on an appeal from an order of the Supreme Court, Suffolk County, dated June 3, 2013, on the ground that they contain or refer to matter dehors the record, or, in the alternative, to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation 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 an appealing party (see CPLR 5511); and it is further,
ORDERED that the motion and the application are denied as academic.
DICKERSON, J.P., HALL, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court