| Capital One, N.A. v Nikchemny |
| Motion No: 2018-04647 |
| Slip Opinion No: 2018 NY Slip Op 77350(U) |
| Decided on July 11, 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
M252332
E/mm
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
JOSEPH J. MALTESE, JJ.
|
2018-04647 Capital One, N.A., etc., respondent, v David Nikchemny, et al., appellants, et al., defendants. (Index No. 508687/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 16, 2018, on the ground that no appeal lies from an order entered upon the default of the appealing parties.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511).
BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court