| Onewest Bank, FSB v Moschetta |
| Motion No: 2022-01021 |
| Slip Opinion No: 2023 NY Slip Op 61914(U) |
| Decided on February 10, 2023 |
| 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
M287321
AFA/
BETSY BARROS, J.P.
JOSEPH J. MALTESE
JOSEPH A. ZAYAS
DEBORAH A. DOWLING, JJ.
|
2022-01021 Onewest Bank, FSB, etc., plaintiff, v Paul Moschetta, appellant, et al., defendants; Federal National Mortgage Association, nonparty-respondent. (Index No. 10200/2010)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated July 22, 2019. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511). Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application to withdraw the appeal is granted and the appeal is deemed withdrawn; and it is further,
ORDERED that the motion to dismiss the appeal is denied as academic.
BARROS, J.P., MALTESE, ZAYAS and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court