| Thompson v Seay |
| Motion No: 2019-05531 |
| Slip Opinion No: 2020 NY Slip Op 65545(U) |
| Decided on April 17, 2020 |
| 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
M270542
kbp/
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
PAUL WOOTEN, JJ.
|
2019-05531 Renee Harris Thompson, respondent, v Carlton H. Seay, et al., appellants, et al., defendants. (Index No. 607630/18)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 25, 2019, 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 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.
DILLON, J.P., AUSTIN, ROMAN and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court