K.A. v Wappingers Central School District
Motion No: 2015-01266
Slip Opinion No: 2015 NY Slip Op 84966(U)
Decided on September 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M198477

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2015-01266

K.A., et al., appellants, v Wappingers Central

School District, et al., respondents.

(Index No. 1769/14)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate so much of a decision and order on motion of this Court dated June 8, 2015, as dismissed an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated October 29, 2014, on the ground that no appeal lies from an order entered upon the default of the appealing party, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

ENG, P.J., BALKIN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court