Appellate Division: Second Judicial Department

M278092

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

ANGELA G. IANNACCI

JOSEPH A. ZAYAS, JJ.

2021-03476 Keisha Mayo, appellant, v Edwich Jasmin, et al., respondents. (Index No. 700705/2020)

DECISION & ORDER ON MOTION

Appeal from a purported order of the Supreme Court, Queens County, dated March 29, 2021. By order to show cause dated May 28, 2021, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no order of the Supreme Court, Queens County, dated March 29, 2021, was issued in the above-entitled action.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that on the Court's own motion, the notice of appeal is deemed to reflect that appeal is from an order dated February 24, 2021 (see CPLR 2001); and it is further,

ORDERED that the motion to dismiss on the ground that no order of the Supreme Court, Queens County, dated March 29, 2021, was issued in the above-entitled action is denied as academic; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated February 24, 2021, 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).

DILLON, J.P., BARROS, IANNACCI and ZAYAS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court