Gillard-Holmes v. Persigo

Appellate Division of the Supreme Court of New York

Gillard-Holmes v. Persigo

225 A.D.2d 519, 639 N.Y.2d 90

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 4, 1996

StatusPublished

Cited by1 cases

This text of 225 A.D.2d 519 (Gillard-Holmes v. Persigo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gillard-Holmes v. Persigo, 225 A.D.2d 519, 639 N.Y.2d 90 (N.Y. Ct. App. 1996).

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Opinion

The plaintiffs’ appeal taken as of right from the order dated November 9, 1994, is dismissed since no appeal lies from an order entered upon the default of the appealing party (see, Katz v Katz, 68 AD2d 536). In addition, the order is not appealable as of right as it determined a motion that was not made on notice (see, CPLR 5701 [b]).

The appeal from the order dated December 14, 1994, is also dismissed. The order dated November 9, 1994, dismissed the plaintiffs’ complaint "without prejudice”. The plaintiffs subsequently commenced other actions arising out of the same facts and seeking the same relief in the Supreme Court, Nassau County. Thus, the appeal from the order dated December 14, 1994, is dismissed as academic. Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.

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The plaintiffs’ appeal taken as of right from the order dated November 9, 1994, is dismissed since no appeal lies from an order entered upon the default of the appealing party (see, Katz v Katz, 68 AD2d 536). In addition, the order is not appealable as of right as it determined a motion that was not made on notice (see, CPLR 5701 [b]).

The appeal from the order dated December 14, 1994, is also dismissed. The order dated November 9, 1994, dismissed the plaintiffs’ complaint "without prejudice”. The plaintiffs subsequently commenced other actions arising out of the same facts and seeking the same relief in the Supreme Court, Nassau County. Thus, the appeal from the order dated December 14, 1994, is dismissed as academic. Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.

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Bluebook (online)

225 A.D.2d 519, 639 N.Y.2d 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillard-holmes-v-persigo-nyappdiv-1996.

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