| Bethune v Cuomo |
| Motion No: 2015-09645 |
| Slip Opinion No: 2016 NY Slip Op 69876(U) |
| Decided on April 7, 2016 |
| 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
M209497
E/ct
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2015-09645 Tessa Bethune, appellant, v Andrew Cuomo, respondent, et al., defendants. (Index No. 10751/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated December 21, 2015, which dismissed an appeal from an order of the Supreme Court, Nassau County, dated August 12, 2015, on the ground that no appeal lies from an order entered upon the default of an appealing party, and to deem the notice of appeal from the order dated August 12, 2015, to also be the notice of appeal from an order of the same court dated July 6, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RIVERA, J.P., BALKIN, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court