Appellate Division: Second Judicial Department

M214699

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2015-07542 Estate of Concetta Liccione, by Constantine M. Liccione, appellant, v Jay Motola, etc., et al., respondents. (Index No. 1666/11)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated May 8, 2015. Cross motion by the respondents Jay Motola and Jay Motola, M.D., P.C., to dismiss the appeal insofar as taken against them on the ground that no appeal lies from an order entered upon the default of the appealing party or to dismiss the appeal for failure to timely perfect. Separate cross motions by the respondents Thomas Weisel and Mid-Hudson Medical Group, P.C., the respondent Putnam Hospital Center, and the respondents Jonathan Lieblich, Jonathan Lieblich, M.D., P.C., Northeastern Anesthesia Services, P.C., and Northeastern Anesthesia Services to dismiss the appeal for failure to timely perfect.

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

ORDERED that the branch of the cross motion which is to dismiss the appeal insofar as taken against the respondents Jay Motola and Jay Motola, M.D., P.C., on the ground that no appeal lies from an order entered upon the default of the appealing party is granted, and the appeal is dismissed insofar as taken against the respondents Jay Motola and Jay Motola, M.D., P.C., without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed insofar as taken against the remaining respondents, 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, the branch of the cross motion by the respondents Jay Motola and Jay Motola, M.D., P.C., to dismiss the appeal for failure to timely perfect, and the separate cross motions by the respondents Thomas Weisel and Mid-Hudson Medical Group, P.C., the respondent Putnam Hospital Center, and the respondents Jonathan Lieblich, Jonathan Lieblich, M.D., P.C., Northeastern Anesthesia Services, P.C., and Northeastern Anesthesia Services are denied as academic.

DILLON, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court