| New Street Associates, LLC v Gach |
| Motion No: 2016-12746 |
| Slip Opinion No: 2017 NY Slip Op 76903(U) |
| Decided on June 14, 2017 |
| 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
M232493
E/ct
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2016-12746 New Street Associates, LLC, respondent, v Anthony Gach, et al., appellants. (Index No. 602947/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered October 31, 2016, on the ground that no appeal lies from an order entered upon the default of the appealing party, and for leave to enforce its judgment against an appeal bond.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the motion is otherwise denied without prejudice to seeking relief in the Supreme Court, Nassau County.
BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court