| Capital One, N.A. v Nikchemny |
| Motion No: 2018-04647 |
| Slip Opinion No: 2018 NY Slip Op 82752(U) |
| Decided on September 7, 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
M254893
E/sl
MARK C. DILLON, J.P.
COLLEEN D. DUFFY
HECTOR D. LASALLE
BETSY BARROS, JJ.
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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 appellants, inter alia, to recall and vacate a decision and order on motion of this Court dated July 11, 2018, which dismissed 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, to reinstate the appeal, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
DILLON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court