| Gary Rosen v Edward Wisely |
| Motion No: 2017-00571 SC |
| Slip Opinion No: 2017 NY Slip Op 77630(U) |
| Decided on June 15, 2017 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
JERRY GARGUILO
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
| Gary Rosen, Respondent, v Edward Wisely, Appellant. |
Motion by appellant on an appeal from a default final judgment of the District Court of Suffolk County, Sixth District, entered March 7, 2017, in effect, for summary reversal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk