| Deutsche Bank National Trust Company v Palacios-Cortez |
| Motion No: 2015-06219 |
| Slip Opinion No: 2015 NY Slip Op 81698(U) |
| Decided on August 14, 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
M197029
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2015-06219 Deutsche Bank National Trust Company, etc., respondent, v Tomasa Palacios-Cortez, et al., appellants, et al., defendants. (Index No. 4180/13)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from a judgment of the Supreme Court, Nassau County, entered May 18, 2015.
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 a judgment entered upon the default of an appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
BALKIN, J.P., COHEN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court