Appellate Division: Second Judicial Department

M203482

E/ct

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2015-09645 Tessa Bethune, appellant, v Andrew Cuomo, respondent, et al., defendants. (Index No. 10751/14)

DECISION & ORDER ON MOTION

Motion by the defendants Ukuku Dike and Susan Divido on an appeal from an order of the Supreme Court, Nassau County, dated August 12, 2015, to dismiss a purported appeal from order of the same court dated July 6, 2013, in the above-entitled action on the ground that the notice of appeal dated September 8, 2015, filed in connection with the order dated August 12, 2015, was not timely filed with respect to the order dated July 6, 2013, and, in effect, to strike certain portions of the appellant's brief filed in connection with the appeal from the order dated August 12, 2015, on the ground that those portions improperly raise issues concerning the order dated July 6, 2013. Application by the defendants Ukuku Dike and Susan Divido pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief, in connection with the purported appeal from the order dated July 6, 2013.

Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the purported appeal from the order dated July 6, 2013, is denied as unnecessary as no appeal was taken from the order dated July 6, 2013; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated August 12, 2015, is dismissed, without costs or disbursements, as 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 otherwise dismissed; and it is further,

ORDERED that the application dismissed.

RIVERA, J.P., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court