Opinion
Motion No: 2015-08796
05-27-2016
Henry R. Terry, appellant, v. State of New York, respondent.
M212315
E/sl
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
(Claim No. 119696)
DECISION & ORDER ON MOTION
Motion by the appellant to hold in abeyance an appeal from an order of the Court of Claims dated February 25, 2015, pending determination of certain appeals by the United States Court of Appeals for the Second Circuit.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
LEVENTHAL, J.P., DICKERSON, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court