| Matter of Hazut v Torati |
| Motion No: 2021-05211 |
| Slip Opinion No: 2021 NY Slip Op 70859(U) |
| Decided on August 27, 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
M278841
E/sl
CHERYL E. CHAMBERS, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
JOSEPH A. ZAYAS, JJ.
|
2021-05211 In the Matter of Yossuf Hazut, respondent, v Hezi Torati, appellant. (Index No. 606866/2020)
| DECISION & ORDER ON MOTION |
Appeal by Hezi Torati from an order and judgment (one paper) of the Supreme Court, Nassau County, entered July 14, 2021. Motion by the appellant to stay enforcement of the order and judgment, 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 and judgment 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., CHRISTOPHER, WOOTEN and ZAYAS, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court