Mazeda Alam v Nathaniel Griffin, Et Al.
Motion No: 2018-02137 KC
Slip Opinion No: 2018 NY Slip Op 89578(U)
Decided on November 21, 2018
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2018-2137 K C
Mazeda Alam, Appellant, v Nathaniel Griffin, et al., Respondents.

Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 18, 2018, as untimely taken and on the ground that no appeal lies from an order entered upon the default of the appealing party, and for an award of costs.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to dismiss the appeal is granted, and the appeal is dismissed (see CPLR 5511, 5513 [a]); and it is further,

ORDERED that the branch of the motion seeking an award of costs is denied.

ENTER:

Paul Kenny

Chief Clerk