| Sassi v Mobile Life Support Services, Inc. |
| Motion No: 2017-00496 |
| Slip Opinion No: 2019 NY Slip Op 66321(U) |
| Decided on March 25, 2019 |
| 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
M261289
E/mm
LEONARD B. AUSTIN, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2017-00496 Richard J. Sassi III, appellant, v Mobile Life Support Services, Inc., respondent. (Index No. 51918/16)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Dutchess County, dated December 14, 2016. By order to show cause dated January 30, 2019, the parties were directed to show cause before this Court why an order should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied.
AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court