Appellate Division: Second Judicial Department

M275745

E/sl

WILLIAM F. MASTRO, A.P.J.

ROBERT J. MILLER

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2019-13686, 2019-13687 Rega Jones, appellant, v David Lent, et al., respondents. (Index No. 57962/2018)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Westchester County, dated October 28, 2019, and a judgment of the same court entered November 14, 2019. Motion by the respondents David Lent and Southern Westchester Orthopedics and Sports Medicine Associates, P.C., to dismiss the appeals on the grounds that no appeal lies from an order or judgment entered upon the default of the appealing party and that the record is inadequate, or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant to enlarge the record and for leave to serve and file a supplemental record.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals on the ground that no appeal lies from an order or judgment entered upon the default of the appealing party is granted and the appeals are dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the cross motion is denied as academic.

MASTRO, A.P.J., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court