BAC Home Loan Servicing, LLP v Parone
Motion No: 2013-10645
Slip Opinion No: 2014 NY Slip Op 60078(U)
Decided on January 6, 2014
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

M167696

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-10645

BAC Home Loan Servicing, LLP, respondent,

v Anthony Parone, et al., appellants, et al., defendants.

(Index No. 418/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered May 9, 2013, on the ground that no appeal lies from an order entered upon the default of an appealing party, and for an award of costs.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]), and the motion is otherwise denied.

RIVERA, J.P., DILLON, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court