| Forcino v Murphy |
| Motion No: 2015-00384 |
| Slip Opinion No: 2015 NY Slip Op 73211(U) |
| Decided on May 15, 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
M192143
E/ct
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2015-00384, 2015-00388 Scott Forcino, respondent, v Loronda Murphy, et al., appellants. (Index No. 59169/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute appeals from an order of the Supreme Court, Westchester County, dated December 10, 2014, and a decision of the same court also dated December 10, 2014, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the order 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 on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court