| Wells Fargo Bank, N.A. v Dekonkski |
| Motion No: 2019-08650 |
| Slip Opinion No: 2020 NY Slip Op 69131(U) |
| Decided on July 24, 2020 |
| 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
M272103
MB/
LEONARD B. AUSTIN, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2019-08650 Wells Fargo Bank, N.A., etc., respondent, v Linda Dekonkski, et al., defendants, Celeste Dekonski, appellant. (Index No. 59986/2011)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated April 23, 2020, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated April 29, 2019. Motion by the respondent to dismiss the appeal 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 denied as unnecessary, as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).
AUSTIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court