| Benjamin v Brooklyn North Narcotics Division, DT3 |
| Motion No: 2017-12333 |
| Slip Opinion No: 2018 NY Slip Op 73117(U) |
| Decided on May 22, 2018 |
| 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
M250417
E/sl
ALAN D. SCHEINKMAN, P.J.
RUTH C. BALKIN
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2017-12333 Jeffery Benjamin, appellant, v Brooklyn North Narcotics Division, DT3, et al., respondents. (Index No. 666/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated July 7, 2017, as a poor person and to enlarge the time to perfect the appeal.
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 on the Court's own motion, the appeal is dismissed, 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 is denied as academic.
SCHEINKMAN, P.J., BALKIN, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court