| Deutsche Bank National Trust Company v Kumar |
| Motion No: 2018-12154 |
| Slip Opinion No: 2019 NY Slip Op 66330(U) |
| Decided on March 26, 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
M261379
E/mm
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2018-12154 Deutsche Bank National Trust Company, respondent, v Arun Kumar, etc., appellant, et al., defendants. (Index No. 2622/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the auction of the subject premises and to stay the transfer of the deed to the subject premises, pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered June 25, 2018. Cross motion by the respondent to dismiss the appeal as untimely taken and on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal as untimely taken is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
RIVERA, J.P., AUSTIN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court