| US Bank National Association v Francis |
| Motion No: 2018-13909 |
| Slip Opinion No: 2019 NY Slip Op 64484(U) |
| Decided on March 1, 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. |
Appellate Division: Second Judicial Department
M260566
E/mm
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
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2018-13909, 2018-13910, 2018-13911 US Bank National Association, etc., respondent, v Kemone Francis, appellant, et al., defendants. (Index No. 14054/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from two decisions of the Supreme Court, Westchester County, dated July 28, 2014, and December 10, 2014, respectively, and an order of the same court dated July 28, 2014, as untimely taken and on the ground that no appeal lies from an order or decisions entered upon the default of the appealing party.
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 on the Court's own motion, the appeals from the decisions are dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order as untimely taken is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the motion is otherwise denied as academic.
MASTRO, J.P., CHAMBERS, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court