Bank of New York Mellon v Pagano
Motion No: 2018-11961
Slip Opinion No: 2019 NY Slip Op 60543(U)
Decided on January 10, 2019
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

M259072

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2018-11961, 2018-11962

Bank of New York Mellon, etc., respondent,

v Anthony Pagano, et al., appellants, et al.,

defendants.

(Index No. 704877/16)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Queens County, entered December 20, 2017, and a judgment of the same court entered August 3, 2018, to dismiss the appeal from the order on the ground that no appeal lies from an order 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 granted and the appeal from the order entered December 20, 2017, is dismissed, without costs or disbursements (see CPLR 5511).

MASTRO, J.P., AUSTIN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court