Landow v Bronte SPV, LLC
Motion No: 2018-03680
Slip Opinion No: 2018 NY Slip Op 71081(U)
Decided on May 1, 2018
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

M249483

E/afa

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

HECTOR D. LASALLE, JJ.

2018-03680

Jonathan Landow, appellant,

v Bronte SPV, LLC, et al., respondents,

et al., defendant.

(Index No. 612918/17)

DECISION & ORDER ON MOTION

2018-03681, 2018-03682

In the Matter of Bronte SPV, LLC, petitioner-

respondent, v Bourke, Flanagan & Asato, P.C.,

respondent, Jonathan Landow, appellant.

(Index No. 601591/17)

Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, both dated March 28, 2018, and a judgment of the same court also dated March 28, 2018, to stay enforcement of the judgment, pending hearing and determination of the appeals, and to consolidate 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 order under Appellate Division Docket No. 2018-03681 and the appeal from the judgment are dismissed, without costs or disbursements, on the ground that no appeal lies from an order or 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 to stay enforcement of the judgment is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.

SCHEINKMAN, P.J., RIVERA, CHAMBERS and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court