Federal National Mortgage Association ("Fannie Mae"), a corporation or
Motion No: 2017-06624
Slip Opinion No: 2017 NY Slip Op 86442(U)
Decided on September 20, 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

M237931

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2017-06624, 2017-06625, 2017-06626

Federal National Mortgage Association

("Fannie Mae"), a corporation organized

and existing under the laws of the United

States of America, respondent, v Anthony

Rios, appellant, et al., defendants.

(Index No. 605395/15)

DECISION & ORDER ON MOTION

Motion by Anthony Rios for leave to appeal to this Court from two orders of the Supreme Court, Suffolk County, dated February 15, 2017, and June 28, 2017, respectively, to consolidate those appeals with an appeal from a judgment of the same court entered January 30, 2017, and to stay the foreclosure sale of the subject premises, 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, 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 branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., ROMAN, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court