Appellate Division: Second Judicial Department

M273600

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

PAUL WOOTEN, JJ.

2019-07887 HSBC Bank USA, National Association, etc., respondent, v Abraham Dusowitz, appellant, et al., defendants. (Index No. 12306/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered April 15, 2019. Motion by the respondent, inter alia, to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party or, in the alternative, to extend the time to serve and file a brief. By decision and order on motion of this Court dated July 17, 2020, the matter was referred to the Supreme Court, Nassau County, to report on whether it considered the affirmation in opposition of Avi Rosenfeld dated November 26, 2018, and the exhibits annexed thereto, in connection with the motion that was determined by the order entered April 15, 2019, and the respondent's motion was held in abeyance in the interim. The Supreme Court, Nassau County, has filed a report on September 18, 2020.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Nassau County, filed September 18, 2020, it is

ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the motion is otherwise denied as academic.

BALKIN, J.P., ROMAN, HINDS-RADIX and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court