| Wells Fargo Bank, N.A. v Barbato |
| Motion No: 2015-05511 |
| Slip Opinion No: 2015 NY Slip Op 80531(U) |
| Decided on July 31, 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
M196370
E/sl
L. PRISCILLA HALL, J.P.
SANDRA L. SGROI
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2015-05511, 2015-05513 Wells Fargo Bank, N.A., etc., respondent, v Roseann Barbato, etc., appellant, et al., defendants. (Index No. 5968/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a judgment of the Supreme Court, Suffolk County, entered February 20, 2014, and an order of the same court dated May 11, 2015, to stay enforcement of the judgment, pending hearing and determination of the appeals.
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 from the judgment is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the default of an appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied.
HALL, J.P., SGROI, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court