Santander Bank, N.A., formerly known as Sovereign Bank
Motion No: 2016-07101
Slip Opinion No: 2016 NY Slip Op 83738(U)
Decided on August 26, 2016
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

M217199

E/sl

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2016-07101

Santander Bank, N.A., formerly known as

Sovereign Bank v Sandra Robinson, et al.,

appellants.

(Index No. 5566/11)

DECISION & ORDER ON MOTION

Motion by the appellant Decarlos Myers to stay enforcement of a judgment of the Supreme Court, Dutchess County, dated May 17, 2016, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., MILLER, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court