| Deutsche Bank Trust Company Americas v Cox |
| Motion No: 2017-12948 |
| Slip Opinion No: 2018 NY Slip Op 90535(U) |
| Decided on December 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
M258106
E/sl
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
FRANCESCA E. CONNOLLY, JJ.
|
2017-12948, 2018-08212 Deutsche Bank Trust Company Americas, etc., respondent, v Anthony C. Cox, appellant, et al., defendants. (Index No. 700986/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 9, 2017, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the same court entered May 1, 2018, and to dismiss an 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, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
BALKIN, J.P., AUSTIN, ROMAN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court