Opinion
2018–10554 Index No. 5475/17
11-17-2021
Xiu Jian SUN, etc., appellant, v. Min LIU, et al., defendants, James W. Tuffin, respondent.
Xiu Jian Sun, Flushing, NY, appellant pro se.
Xiu Jian Sun, Flushing, NY, appellant pro se.
CHERYL E. CHAMBERS, J.P., ROBERT J. MILLER, ANGELA G. IANNACCI, WILLIAM G. FORD, JJ.
DECISION & ORDER
In an action for unspecified relief, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Martha L. Luft, J.), dated June 26, 2018. The order granted those branches of the unopposed motion of the defendant James W. Tuffin which were pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against him and for an injunction to the extent of requiring the plaintiff to obtain prior permission of the court before commencing any new action against that defendant.
ORDERED that the appeal is dismissed, without costs or disbursements.
The Supreme Court granted those branches of the unopposed motion of the defendant James W. Tuffin which were pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against him and for an injunction to the extent of requiring the plaintiff to obtain prior permission of the court before commencing any new action against that defendant. As no appeal lies from an order granted upon the default of the appealing party, we must dismiss the appeal (see CPLR 5511 ; Rodriguez–Dominguez v. Blackstone Contrs., LLC, 191 A.D.3d 817, 138 N.Y.S.3d 370 ).
CHAMBERS, J.P., MILLER, IANNACCI and FORD, JJ., concur.