| E.R. Holdings, LLC A New York Limited Liability Compa |
| Motion No: 2014-06976 |
| Slip Opinion No: 2015 NY Slip Op 77392(U) |
| Decided on June 25, 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
M194517
E/ct
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2014-06976 E. R. Holdings, LLC, A New York Limited Liability Company, respondent, v Ai Gu Zhang, appellant, et al., defendants. (Index No. 31870/10)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated April 17, 2014. By order to show cause dated January 6, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from a judgment entered upon the default of an appealing party, and the application was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response 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 the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the application is denied as academic.
ENG, P.J., DICKERSON, HALL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court