| FMF 114 Birchall Drive, LLC v 114 Birchall Drive, LLC |
| Motion No: 2024-06636 |
| Slip Opinion No: 2024 NY Slip Op 78164(U) |
| Decided on November 13, 2024 |
| 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
M300658
KS/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
DEBORAH A. DOWLING
LOURDES M. VENTURA, JJ.
|
2024-06636 FMF 114 Birchall Drive, LLC, respondent, v 114 Birchall Drive, LLC, defendant, Matthew Miller, appellant. (Index No. 65265/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated May 15, 2024. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party.
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 the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511).
CONNOLLY, J.P., CHRISTOPHER, DOWLING and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court