Maltz v Jacobs
Motion No: 2024-05757
Slip Opinion No: 2024 NY Slip Op 78170(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M300657

KS/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2024-05757

Andrew David Maltz, appellant,

v Martin Jacobs, respondent.

(Index No. 610822/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated January 23, 2024. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party. Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto and upon the papers filed in support of the application 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); and it is further,

ORDERED that the application is denied as academic.

CONNOLLY, J.P., CHRISTOPHER, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court