| John v Levinson |
| Motion No: 2017-05699 |
| Slip Opinion No: 2018 NY Slip Op 77916(U) |
| Decided on July 17, 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
M250874
E/htr
ALAN D. SCHEINKMAN, P.J.
JEFFREY A. COHEN
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2017-05699 Ernie John, appellant, v William Levinson, defendant, Porsche Leasing, Ltd., respondent. (Index No. 506556/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 6, 2017, on the ground that no appeal lies from an order entered upon the default of the appealing party or on the ground that the record and the appellant's brief contain or refer to matter dehors the record, or, in the alternative, to enlarge the time to serve and file a brief.
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 on the ground that no appeal lies from an order entered upon the default of the appealing party 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 as academic.
SCHEINKMAN, P.J., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court