| Muhammed v Federal Express Corporation |
| Motion No: 2018-11421 |
| Slip Opinion No: 2019 NY Slip Op 67377(U) |
| Decided on April 8, 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
M261641
E/mm
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2018-11421 Malik Muhammed, respondent, v Federal Express Corporation, et al., appellants. (Index No. 849/16)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated June 4, 2018, to enlarge the record to include the motion papers filed in connection with a certain motion and the order determining that motion. Separate motion by the respondent, inter alia, to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the respondent's motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the respondent's motion is otherwise denied as academic; and it is further,
ORDERED that the appellants' motion is denied as academic.
BALKIN, J.P., COHEN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court