Appellate Division: Second Judicial Department

M297797

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2023-10258 Feifei Gu, appellant, et al., plaintiff, v Yao Wen Lei, et al., respondents. (Index No. 521053/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated September 6, 2023. Motion by the appellant pro se for leave to prosecute the appeal as a poor person. Application by the appellant to extend the time to perfect the appeal. By order to show cause dated May 17, 2024, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party, and the appellant's motion and application were held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of appellant's motion and application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 551); and it is further,

ORDERED that motion and application are denied as academic.

DUFFY, J.P., MALTESE, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court