| Pezolano v Incorporated City of Glen Cove |
| Motion No: 2009-06116 |
| Slip Opinion No: 2009 NY Slip Op 79535(U) |
| Decided on July 31, 2009 |
| 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
M90210
S/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2009-06116, 2009-06117
Philip T. Pezolano, et al., respondents, v Incorporated City of Glen Cove, defendant, Willibe Wilson, appellant. (Appeal No. 1)
(Index No. 16667/05) Wells Fargo Bank, N.A., etc., plaintiff, v Willibe Wilson, appellant, et al., defendants; Philip T. Pezolano, et al., nonparty-respondents. (Appeal No. 2) (Index No. 19390/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Nassau County, dated June 17, 2009, entered in the action entitled Wells Fargo Bank, N.A., v Wilson, pending hearing and determination of an appeal from that order and an appeal from an order of the same court dated April 27, 2009, entered in the action entitled Pezolano v Incorporated City of Glen Cove. Cross motion by the respondents to dismiss the appeal from the order dated June 17, 2009, on the ground that no appeal lies from an order entered upon the appellant's default.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted and the appeal from the order dated June 17, 2009 (Appellate Division Docket No. 2009-06117), is dismissed, without costs or disbursements (see Marino v Termini, 4 AD3d 342).
SKELOS, J.P., DICKERSON, BELEN and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court