| Plycon Transp. Group, LLC & Plycar Transp. Group, LLC v Stephen Kirschenbaum |
| Motion No: 2014-00114 SC |
| Slip Opinion No: 2014 NY Slip Op 93542(U) |
| Decided on December 15, 2014 |
| 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
ANGELA G. IANNACCI, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Plycon Transportation Group, LLC and Plycar Transportation Group, LLC, Respondents, v Stephen Kirschenbaum, Appellant. |
Appeal from orders of the County Court of Suffolk County, dated January 31, 2013 and May 1, 2013.
On the court's own motion, it is
ORDERED that so much of the appeal as is from the order dated January 31, 2013 is dismissed, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Benitez v Olson, 29 AD3d 503 [2006]; Viggiani v Grodotzke, 306 AD2d 273 [2003]; see also M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]); and it is further,
ORDERED that so much of the appeal as is from the order dated May 1, 2013 is stricken from the appeals calendar and the general calendar, as the appeal has not been properly perfected.
The parties' briefs quote from transcripts that have not been settled and made part of the record on appeal.
ENTER:
Paul Kenny
Chief Clerk