Appellate Division: Second Judicial Department

M281401

MB/

ANGELA G. IANNACCI, J.P.

REINALDO E. RIVERA

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2021-00862 In the Matter of Virginia H. (Anonymous). EAC Network, Inc., etc., petitioner-respondent; Glengariff Health Care Center, et al., respondents- respondents, Marjorie H. (Anonymous), respondent-appellant. (Index No. 32550/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated January 12, 2021. By order to show cause dated November 17, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party. Motion by the respondent-appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, dated August 6, 2018, pending the hearing and determination of the appeal from the order dated January 12, 2021.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent-appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPLR 5511); and it is further,

ORDERED that the respondent-appellant's motion is denied as academic.

IANNACCI, J.P., RIVERA, WOOTEN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court