Appellate Division: Second Judicial Department

M287261

AFA/

MARK C. DILLON, J.P.

PAUL WOOTEN

WILLIAM G. FORD

LILLIAN WAN, JJ.

2022-06036 DLJ Mortgage Capital, Inc., respondent, v Carlyle Ebanks, appellant, et al., defendants. (Index No. 501301/2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated April 27, 2022. Motion by the appellant, inter alia, to stay enforcement of the judgment and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal. Motion by the respondent to dismiss the appeal, inter alia, on the ground that no appeal lies from a judgment issued upon the default of the appealing party. Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the respondent's motion which is to dismiss the appeal on the ground that no appeal lies from a judgment issued upon the default of the appealing party is granted, the appeal is dismissed, without costs or disbursements (see CPLR 5511), and the respondent's motion is otherwise denied as academic; and it is further,

ORDERED the appellant's motion and the application are denied as academic.

DILLON, J.P., WOOTEN, FORD and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court