| Matter of Hazut v Torati |
| Motion No: 2021-04675 |
| Slip Opinion No: 2021 NY Slip Op 69818(U) |
| Decided on August 4, 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
M278519
MB/
CHERYL E. CHAMBERS, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
LARA J. GENOVESI, JJ.
|
2021-04675 In the Matter of Yossef Hazut, respondent, v Hezi Torati, appellant, et al., respondents. (Index No. 606866/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated June 21, 2021. Motion by the appellant to stay enforcement of the order, 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., BARROS, BRATHWAITE NELSON and GENOVESI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court