| Gerard Owners Corporation v Rico |
| Motion No: 2015-08139 |
| Slip Opinion No: 2015 NY Slip Op 89863(U) |
| Decided on November 6, 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
M201106
E/sl
RANDALL T. ENG, P.J.
RUTH C. BALKIN
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2015-08139 Gerard Owners Corporation, respondent, v Jose D. Rico, appellant, et al., defendant. (Index No. 701148/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated July 30, 2015, as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation, thereto
ORDERED that on the Court's own motion, the appeal 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 the motion is denied as academic.
ENG, P.J., BALKIN, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court