| Yasuda Bank & Trust Company v Williams |
| Motion No: 2006-04318 |
| Slip Opinion No: 2006 NYSlipOp 72589(U) |
| Decided on July 24, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M42438
T/nl
ANITA R. FLORIO, J.P.
ROBERT A. SPOLZINO
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2006-04318 Yasuda Bank and Trust Company, etc., respondent, v Douglas A. Williams, appellant, et al., defendants. (Index No. 24574/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the foreclosure sale in the above-entitled action pending hearing and determination of an appeal from a judgment of the Supreme Court, Queens County, dated December 13, 2005.
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, as no appeal lies from a judgment entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., SPOLZINO, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court