| J.C. Ryan EBCO/H&G, LLC v Cyberstruct |
| Motion No: 2021-02047 |
| Slip Opinion No: 2021 NY Slip Op 71117(U) |
| Decided on September 8, 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. |
Appellate Division: Second Judicial Department
M279004
E/sl
ROBERT J. MILLER, J.P.
ANGELA G. IANNACCI
PAUL WOOTEN
DEBORAH A. DOWLING, JJ.
|
2021-02047 J.C. Ryan EBCO/H & G, LLC, etc., appellant, v CyberStruct, et al., respondents. (Index No. 18549/2003)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated January 22, 2020. Motion by the respondent, inter alia, to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party.
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; and it is further,
ORDERED that the motion is otherwise denied as academic.
MILLER, J.P., IANNACCI, WOOTEN and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court