Appellate Division: Second Judicial Department

M278760

AFA/

MARK C. DILLON, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2019-12058 Kevin Loorkhoor, appellant, et al., plaintiff, v E. John Harvey, etc., et al., respondents. (Index No. 705798/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated September 5, 2019. Motion by Levine & Grossman for leave to withdraw as counsel for the appellant. Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal. By decision and order on motion of this Court dated September 2, 2020, Levine & Grossman was directed to upload, through the digital portal on this Court's website, a digital copy of an attorney affirmation or affidavit delineating the specific reasons why Levine & Grossman could not continue to represent the appellant, and the motion and the application were held in abeyance in the interim.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, and upon the affirmation dated September 18, 2020, it is

ORDERED that on the Court's own motion, the appeal 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 and the application are denied as academic.

DILLON, J.P., WOOTEN, ZAYAS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court