Appellate Division: Second Judicial Department

M203786

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2015-01148 Florence Ciafone, appellant, v New York University Medical Center, et al., respondents. (Index No. 6830/04)

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 an order of the Supreme Court, Queens County, dated October 8, 2014. By order to show cause dated August 27, 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 an order entered upon the default of an appealing party, and the application was held in abeyance in the interim. By decision and order on motion of this Court dated November 4, 2015, on the Court's own motion, the matter was remitted to the Supreme Court, Queens County, to report on what papers that court considered in determining the motions that resulted in the order dated October 8, 2014, including, specifically, whether that court considered the affirmation of John A. Ciafone dated April 16, 2014, the motion to dismiss the appeal was held in abeyance in the interim, and the application was continued to be 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 the papers filed in opposition thereto, and upon the report of the Supreme Court, Queens County, dated November 24, 2015, it is

ORDERED that the motion to dismiss the appeal is granted, and 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 application is denied as academic.

LEVENTHAL, J.P., ROMAN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court