| State Farm Mut. Auto. Ins. Co., As Subrogee of Antonio Roselli v Town of N. Hempstead & Joseph Arceri |
| Motion No: 2017-01600 NC |
| Slip Opinion No: 2017 NY Slip Op 85025(U) |
| Decided on August 22, 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.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| State Farm Mutual Automobile Insurance Company, as Subrogee of Antonio Roselli, Respondent, v Town of North Hempstead and Joseph Arceri, Appellants. |
Appeal from a judgment of the District Court of Nassau County, First District, entered December 19, 2016.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that no appeal lies from a judgment entered upon the default of the appealing parties (see CPLR 5511) and on the further ground that the judgment was subsequently vacated by order of the District Court dated July 7, 2017.
ENTER:
Paul Kenny
Chief Clerk