Onewest Bank FSB v Phillips
Motion No: 2018-03487
Slip Opinion No: 2018 NY Slip Op 73470(U)
Decided on May 25, 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

M250561

E/afa

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-03487

Onewest Bank FSB, respondent

v Vivian Phillips, et al., defendants,

Priscilla Maddox, appellant.

(Index No. 5956/10)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered December 13, 2017. By April 17, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from an order entered upon the default of the appealing party.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511).

LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court