| Indymac Mortgage FSB v Abruzese |
| Motion No: 2019-03529 |
| Slip Opinion No: 2019 NY Slip Op 72402(U) |
| Decided on June 11, 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
M263300
E/mm
WILLIAM F. MASTRO, J.P.
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2019-03529, 2019-03530, 2019-05909 Indymac Mortgage FSB, respondent, v Ronald Abruzese, appellant, et al., defendants. (Index No. 102908/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated June 3, 2009, on the ground that no appeal lies from an order entered upon the default of the appealing party, to dismiss an appeal from an order of the same court dated June 8, 2018, as untimely taken, and to dismiss an appeal from an order of the same court dated December 18, 2018, on the ground that no appeal lies from an order denying reargument.
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 the branch of the motion which is to dismiss the appeal from the order dated June 3, 2009, is granted and the appeal from that order is dismissed (see CPLR 5511), without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated June 8, 2018, is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated December 18, 2018, 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., MALTESE, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court