Deutsche Bank Trust Company Americas v Marous
Motion No: 2018-10595
Slip Opinion No: 2019 NY Slip Op 83844(U)
Decided on November 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M267285

kbp/

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-10595

Deutsche Bank Trust Company Americas, etc.,

respondent, v Gabriel Marous, et al., appellants,

et al., defendants.

(Index No. 60100/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated August 6, 2018, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is held in abeyance and is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

RIVERA, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court