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MATTER OF PROGRESSIVE NORTHEASTERN INSURANCE COMPANY v. JORGE

298 A.D.2d 395 (2002)

751 N.Y.S.2d 397

In the Matter of PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Respondent, v. ARELIS JORGE et al., Appellants. LUZ D. SILVERIO et al., Proposed Additional Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 7, 2002.

Ordered that the appeal is dismissed, with one bill of costs to the respondents appearing separately and filing separate briefs.

It is undisputed that the appellants failed to appear at the framed-issue hearing to determine whether the alleged offending vehicle was insured at the time of the accident. Since no appeal lies from an order entered upon the default of the appealing parties, the appeal must be dismissed (see CPLR 5511; Matter of State Farm Ins...

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