| Stack v Midwood Chayim Aruchim Dialysis Associates, In |
| Motion No: 2014-11033 |
| Slip Opinion No: 2015 NY Slip Op 69109(U) |
| Decided on April 3, 2015 |
| 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
M190146
T/sl
PETER B. SKELOS, J.P.
MARK C. DILLON
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX, JJ.
|
2014-11033 Robert Stack, et al., appellants, v Midwood Chayim Aruchim Dialysis Associates, Inc., etc., et al., respondents. (Index No. 24936/06)
| DECISION & ORDER ON MOTION |
Separate motions by the respondents Midwood Chayim Aruchim Dialysis Associates, Inc., individually and as a member of Brooklyn Dialysis, LLC, Gennady Kiselman, and Ilana Kiselman, and the respondent Ropes & Gray LLP, to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 1, 2014, on the ground that no appeal lies from an order entered upon the default of an appealing party, for an award of costs and an attorney's fee, and to impose a sanction upon the appellants.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motions which are to dismiss the appeal are granted, and the appeal is dismissed (see CPLR 5511); and it is further,
ORDERED that the branches of the motions which are for an award of costs are granted, the respondents Midwood Chayim Aruchim Dialysis Associates, Inc., individually and as a member of Brooklyn Dialysis, LLC, Gennady Kiselman, and Ilana Kiselman are awarded $100 costs, and the respondent Ropes & Gray LLP is awarded $100 costs; and it is further,
ORDERED that the motions are otherwise denied.
SKELOS, J.P., DILLON, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court