| JPMorgan Chase Bank, National Association v Dev |
| Motion No: 2016-00887 |
| Slip Opinion No: 2016 NY Slip Op 87313(U) |
| Decided on October 3, 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. |
Appellate Division: Second Judicial Department
M219090
E/afa
MARK C. DILLON, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2016-00887 JP Morgan Chase Bank, National Association, respondent, v Usha Dev, et al., defendants, Mohammed B. Quaizar, appellant. (Index No. 3575/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 5, 2016, on the ground that no appeal lies from an order entered upon the default of the appealing party or, in the alternative, to enlarge the time to serve and file a brief.
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 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 branch of the motion which is to enlarge the time to serve and file a brief is denied as academic.
DILLON, J.P., MILLER, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court