| U.S. Bank National Association v May |
| Motion No: 2019-07124 |
| Slip Opinion No: 2019 NY Slip Op 78130(U) |
| Decided on August 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
M265421
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2019-07124 U.S. Bank National Association, etc., respondent, v Serena A. May, appellant, et al., defendant. (Index No. 10623/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay her eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered December 18, 2018, to waive the filing fees, and for leave to prosecute the appeal on the original papers.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
BALKIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court