Appellate Division: Second Judicial Department

M241275

E/ct

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2017-09421, 2017-11470 Wells Fargo Bank, N.A., respondent, v Yvonne Starr, appellant, et al., defendants. (Index No. 23717/11)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a judgment of the Supreme Court, Suffolk County, entered November 19, 2015, and an order of the same court dated March 27, 2017, to stay the sale of the subject premises, pending hearing and determination of the appeal from the order.

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 motion is granted, and the sale of the subject premises, located at 540 Garden Street, West Islip, New York, is stayed pending hearing and determination of the appeal from the order on condition that the appeal from the order is perfected on or before December 15, 2017; and it is further,

ORDERED that in the event the appeal from the order is not perfected on or before December 15, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

BALKIN, J.P., CHAMBERS, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court