| Healy v Severing |
| Motion No: 2021-00675 |
| Slip Opinion No: 2021 NY Slip Op 62111(U) |
| Decided on February 19, 2021 |
| 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
M275669
E/sl
LEONARD B. AUSTIN, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2021-00675 Vincent Healy, plaintiff-respondent, v Raymond L. Severing, etc., defendant, Michael Buckley, appellant, Breda Buckley, defendant-respondent. (Index No. 53942/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated December 31, 2020. Motion by the appellant to stay enforcement of the order and the disbursement of certain money, pending hearing and determination of the appeal. Cross motion by the defendant-respondent to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party and for an award of costs.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the cross 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 cross motion is otherwise denied; and it is further,
ORDERED that the motion is denied as academic.
AUSTIN, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court