| Neosel Family Trust v Neosel |
| Motion No: 2021-00571 |
| Slip Opinion No: 2021 NY Slip Op 64892(U) |
| Decided on April 16, 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
M276690
E/jr
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2021-00571 Neosel Family Trust, respondent, v Martin Neosel, appellant. (Index No. 700939/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated December 22, 2020. Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
CHAMBERS, J.P., AUSTIN, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court