Patel v Patel
Motion No: 2015-09555
Slip Opinion No: 2018 NY Slip Op 80921(U)
Decided on August 20, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M254261

E/mm

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2015-09555, 2015-10800

Manjula Patel, respondent,

v Vinod Patel, appellant.

(Index No. 200220/11)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated May 7, 2018, as dismissed an appeal from an order of the Supreme Court, Nassau County, dated August 18, 2015, on the ground that no appeal lies from an order entered upon the default of the appealing party, and dismissed an appeal from a judgment of the same court dated July 31, 2015, for failure to file the transcript of the proceedings , or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

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 the motion is denied.

CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court