| Citimortgage, Inc. v Biton |
| Motion No: 2019-00227 |
| Slip Opinion No: 2019 NY Slip Op 66381(U) |
| Decided on March 27, 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
M261399
E/mm
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2019-00227 Citimortgage, Inc., respondent, v Daoud Biton, appellant, et al., defendants. (Index No. 21837/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 17, 2018, 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 is dismissed, without costs or disbursements (see CPLR 5511).
RIVERA, J.P., AUSTIN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court