Nationstar Mortgage, LLC v Balducci
Motion No: 2017-01787
Slip Opinion No: 2017 NY Slip Op 74886(U)
Decided on May 25, 2017
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

M231626

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2017-01787

Nationstar Mortgage, LLC, respondent,

v Charles Balducci, also known as Charlie

Balducci, appellant, et al., defendants.

(Index No. 150675/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated January 27, 2017, on the ground that no appeal lies from an order entered upon the default of the appealing party.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511).

RIVERA, J.P., CHAMBERS, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court