| Terry v State of New York |
| Motion No: 2015-08796 |
| Slip Opinion No: 2016 NY Slip Op 74911(U) |
| Decided on May 27, 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
M212315
E/sl
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
|
2015-08796 Henry R. Terry, appellant, v State of New York, respondent. (Claim No. 119696)
| DECISION & ORDER ON MOTION |
Motion by the appellant to hold in abeyance an appeal from an order of the Court of Claims dated February 25, 2015, pending determination of certain appeals by the United States Court of Appeals for the Second Circuit.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
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 the appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
LEVENTHAL, J.P., DICKERSON, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court