Opinion
Motion No. 2022-06793
11-22-2023
In the Matter of Marc Fishman, appellant, v. Jennifer Solomon, respondent. (File No. 966)
Unpublished Opinion
MOTION DECISION
M292424
VALERIE BRATHWAITE NELSON, J.P., PAUL WOOTEN, LILLIAN WAN, LAURENCE L. LOVE, JJ.
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.