| Matter of Fishman v Solomon |
| Motion No: 2022-06793 |
| Slip Opinion No: 2023 NY Slip Op 77140(U) |
| Decided on November 22, 2023 |
| 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
M292424
AFA/
VALERIE BRATHWAITE NELSON, J.P.
PAUL WOOTEN
LILLIAN WAN
LAURENCE L. LOVE, JJ.
|
2022-06793 In the Matter of Marc Fishman, appellant, v Jennifer Solomon, respondent. (File No. 966)
| DECISION & ORDER ON MOTION |
Appeal by Marc Fishman from an order of the Supreme Court, Westchester County (IDV Part), dated July 19, 2022. 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 relation 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 (see CPLR 5511), and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
BRATHWAITE NELSON, J.P., WOOTEN, WAN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court