| Wells Fargo Bank, NA v Jacques |
| Motion No: 2019-04321 |
| Slip Opinion No: 2019 NY Slip Op 73026(U) |
| Decided on June 18, 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
M263568
E/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2019-04321 Wells Fargo Bank, NA, respondent, v Annette Jacques, et al., defendants, Emmanus Jacques, appellant. (Index No. 517683/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated January 28, 2019. Separate motion by the respondent to dismiss the appeal 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 motions and the papers filed in opposition thereto, it is
ORDERED that respondent's motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the appellant's motion is denied as academic.
RIVERA, J.P., AUSTIN, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court