| Gribbin v Gribbin |
| Motion No: 2019-07863 |
| Slip Opinion No: 2019 NY Slip Op 85624(U) |
| Decided on December 9, 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
M267983
kbp/
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2019-07863 Victoria E. Gribbin, appellant, v William J. Gribbin II, defendant-respondent; Veronica Renta Irwin, etc., nonparty-respondent. (Index No. 200345/08)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated May 28, 2019, on the ground, inter alia, 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 the papers filed in opposition 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.
BALKIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court