| Stearns Bank National Association v LoDuca |
| Motion No: 2017-08842 |
| Slip Opinion No: 2018 NY Slip Op 74952(U) |
| Decided on June 13, 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
M251280
E/afa
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2017-08842 Stearns Bank National Association, etc., respondent, v Paul A. LoDuca, Jr., appellant, et al., defendants. (Index No. 12298/13)
| DECISION & ORDER ON MOTION |
2017-08843
Stearns Bank N.A., respondent,
v Paul A. LoDuca, Jr., appellant,
et al., defendants.
(Index No. 12298/13)
2018-01137
Stearns Bank NA, respondent,
v Paul A. LoDuca, appellant,
et al., defendants.
(Index No. 12298/13)
Motion by the appellant on appeals from three orders of the Supreme Court, Nassau County, entered June 27, 2015, October 6, 2016, and November 21, 2017, respectively, to stay enforcement of the orders and a judgment of the same court dated November 20, 2017, to enjoin the respondent and the referee from, inter alia, selling or transferring title to the subject premises, and to stay the sale of the subject premises, pending hearing and determination of the appeals, and to consolidate the appeals. Separate motion by the appellant to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion, inter alia, to stay enforcement of the orders and the judgment, and the papers filed in opposition thereto, and upon the papers filed in support of the motion to enlarge the time to perfect an appeals and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the order October 6, 2016, 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 on the Court's own motion, the appeal from the orders entered June 27, 2015, and November 21, 2017, are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment on January 25, 2018 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motions are denied as academic.
MASTRO, J.P., AUSTIN, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court