| Deutsche Bank National Trust Company, as trustee of the Indymac Index |
| Motion No: 2017-07339 |
| Slip Opinion No: 2017 NY Slip Op 90366(U) |
| Decided on October 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. |
Appellate Division: Second Judicial Department
M240204
E/ct
L. PRISCILLA HALL, J.P.
JEFFREY A. COHEN
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2017-07339 Deutsche Bank National Trust Company, as trustee of the Indymac Index Mortgage Loan Trust 2005-AR Mortgage Pass-Through Certificates, Series 2005-AR under the pooling and servicing agreement dated March 1, 2005, plaintiff-respondent, v Charlene Bass defendant-respondent, Rajpattie Persaud, et al., appel et al., defendants. (Index No. 23519/10)
| DECISION & ORDER ON MOTION 6, 6 ie, lants, |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 24, 2017.
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 an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
HALL, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court