Iemma v Gravagna
Motion No: 2021-00834
Slip Opinion No: 2021 NY Slip Op 63377(U)
Decided on March 19, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M276215

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2021-00834

Antoinette Iemma, respondent,

v Joseph Gravagna, appellant.

(Index No. 1339/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, entered December 21, 2020. Motion by Joseph Gravagna, inter alia, for leave to appeal to this Court from the order, in effect, to stay enforcement of the order, and for poor person relief.

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 for leave to appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is otherwise denied as academic.

CHAMBERS, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court