| Smith v Hysni |
| Motion No: 2019-07623 |
| Slip Opinion No: 2019 NY Slip Op 81261(U) |
| Decided on October 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
M266407
E/sl
MARK C. DILLON, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2019-07623 Dana A. Smith, appellant, v Kimberly Smith Hysni, respondent. (Index No. 2199/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated October 1, 2018, 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 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 on the ground that no appeal lies from an order entered upon the default of the appealing party 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.
DILLON, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court