| 275 Clermont, LLC v Johnson |
| Motion No: 2019-06789 |
| Slip Opinion No: 2021 NY Slip Op 64538(U) |
| Decided on April 9, 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
M276545
E/sl
REINALDO E. RIVERA, J.P.
BETSY BARROS
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.
|
2019-06789 275 Clermont, LLC, respondent, v Cecelia Johnson, etc., appellant, et al., defendants. (Index No. 503603/2015)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, dated May 8, 2019. Motion by the respondent to dismiss the appeal pursuant to CPLR 5511 on the grounds that no appeal lies from a judgment entered upon the default of the appealing party and that the dismissal of prior appeals for failure to timely perfect precludes consideration of the issues to be raised on this appeal or, in the alternative, pursuant to 22 NYCRR 1250.15(a)(2) for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., BARROS, CHRISTOPHER and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court