Xiu Jian Sun v State of New York Department of Motor Vehicles
Motion No: 2015-00029
Slip Opinion No: 2015 NY Slip Op 79526(U)
Decided on July 20, 2015
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

M195741

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

HECTOR D. LASALLE, JJ.

2015-00029

Xiu Jian Sun, appellant, v State of New York

Department of Motor Vehicles, respondent.

(Index No. 9436/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered November 3, 2014, on the ground that the appellant's brief presents no cognizable ground for review.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, 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 appellant's default (see CPLR 5511); and it is further,

ORDERED that the motion is denied as academic.

SKELOS, J.P., BALKIN, DICKERSON and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court