Bradley Hinton v Rosemary Olsen & Rufus Marcelin
Motion No: 2015-01191 NC
Slip Opinion No: 2016 NY Slip Op 66803(U)
Decided on March 2, 2016
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2015-1191 N C
Bradley Hinton, Appellant, v Rosemary Olsen and
Rufus Marcelin, Respondents.

Appeal from an order of the District Court of Nassau County, First District, entered April 22, 2015.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

Appellant did not submit any papers in opposition to respondents' motion giving rise to the April 22, 2015 order. No appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Benitez v Olson, 29 AD3d 503 [2006]; Viggiani v Grodotzke, 306 AD2d 273 [2003]; see also M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]).

ENTER:

Paul Kenny

Chief Clerk