Hatten v Behrins
Motion No: 2016-08134
Slip Opinion No: 2016 NY Slip Op 87309(U)
Decided on October 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M219091

E/afa

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2016-08134

Jeffrey Hatten, respondent,

v Bruce G. Behrins, et al., appellants.

(Index No. 15702/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a second amended judgment of the Supreme Court, Kings County, dated June 17, 2016, inter alia, in effect, on the ground that no appeal lies from an order entered upon the default of the appealing party.

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

ORDERED that the motion is denied.

ENG, P.J., LEVENTHAL, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court