| Bank of New York Mellon v Green |
| Motion No: 2014-05338 |
| Slip Opinion No: 2015 NY Slip Op 74794(U) |
| Decided on June 2, 2015 |
| 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
M193033
E/ct
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
SANDRA L. SGROI
BETSY BARROS, JJ.
|
2014-05338 Bank of New York Mellon, etc., respondent, v Ernest Green, appellant, et al., defendants. (Index No. 25530/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 26, 2014, on the ground that no appeal lies from an order entered upon the default of an appealing party.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., HALL, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court