| D'Afflitto v D'Afflitto |
| Motion No: 2019-01111 |
| Slip Opinion No: 2019 NY Slip Op 74328(U) |
| Decided on July 3, 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
M264104
E/mm
REINALDO E. RIVERA, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2019-01111 Radhika D'Afflitto, respondent, v Christopher D'Afflitto, appellant. (Index No. 50865/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Richmond County, dated September 27, 2018, on the ground that no appeal lies from an order entered upon the default of the appealing party or, in the alternative, to extend the time to serve and file a brief.
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 branch of the 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 motion is otherwise denied as academic.
RIVERA, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court