Wells Fargo Bank, N.A., doing business as Wells Fargo A

Wells Fargo Bank, N.A., doing business as Wells Fargo A

Motion No: 2012-02120

Slip Opinion No: 2012 NY Slip Op 72845(U)

Decided on May 10, 2012

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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M137573

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-02120
Wells Fargo Bank, N.A., doing business as Wells
Fargo Auto Finance, respondent, v Petro N. Kangelaris,
etc., appellant.
(Index No. 23840/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, entered August 10, 2011, pending hearing and determination of an appeal therefrom.

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 an order entered upon the default of an appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is denied as academic.

DILLON, J.P., ENG, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court