| Bank of New York Mellon v Ziangos |
| Motion No: 2018-02515 |
| Slip Opinion No: 2018 NY Slip Op 71544(U) |
| Decided on May 4, 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. |
Appellate Division: Second Judicial Department
M249670
E/afa
JOHN M. LEVENTHAL, J.P.
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2018-02515 Bank of New York Mellon, etc., respondent, v Christos Ziangos, etc., et al., defendants, Jeanette Ziangos, appellant. (Index No. 612769/16)
| DECISION & ORDER ON MOTION |
2018-03973
Bank of New York Mellon, etc., respondent,
v Christos Ziangos, etc., et al., defendants,
Jeanette Ziangos, appellant.
(Index No. 612769/16)
Motion by the appellant on appeals from a judgment of the Supreme Court, Suffolk County, entered November 15, 2017, and an order of the same court dated December 21, 2017, respectively, to stay enforcement of the judgment pending hearing and determination of the appeals and to consolidate the appeals. Cross motion by the respondent to dismiss the appeal from the judgment on the ground that no appeal lies from a judgment entered upon the default of the appealing party.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the cross motion is granted and the appeal from the judgment is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the judgment is granted, and enforcement of judgment is stayed pending hearing and determination of the appeal from the order dated December 21, 2017, on condition that the appeal from the order is perfected on or before June 4, 2018; and it is further,
ORDERED that in the event the appeal from the order dated December 21, 2017, is not perfected on or before June 4, 2018, 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; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.
LEVENTHAL, J.P., SGROI, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court