| Federal National Mortgage Association v Goldberg |
| Motion No: 2019-00443 |
| Slip Opinion No: 2019 NY Slip Op 65863(U) |
| Decided on March 21, 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
M260940
E/mm
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.
|
2019-00443 Federal National Mortgage Association, etc., respondent, v Carrie Goldberg, appellant, et al., defendants. (Index No. 31936/17)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order and judgment (one paper) of the Supreme Court, Rockland County, dated November 19, 2018, and to stay the sale of the subject premises, pending hearing and determination of an appeal from the order and judgment. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order and judgment entered upon the default of an appealing party and for an award of costs.
Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's motion is denied; and it is further,
ORDERED that the respondent's motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
MASTRO, J.P., DILLON, MALTESE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court