Appellate Division: Second Judicial Department

M270014

kbp/

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2019-10731 U.S. Bank National Association, etc., respondent, v Jeanny Gaillard, appellant, et al., defendants. (Index No. 513128/17)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated June 18, 2019, on the ground that no appeal lies from an order entered upon the default of the appealing party. By order to show cause dated December 23, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that Christnicha Prophete did not have authority to file a notice of appeal on behalf of Jeanny Gaillard, and the respondent's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 321); and it is further,

ORDERED that the respondent's motion is denied as academic.

DILLON, J.P., BALKIN, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court