Banashek v Gensler
Motion No: 2022-06248
Slip Opinion No: 2023 NY Slip Op 66224(U)
Decided on May 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M288762

KS/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

PAUL WOOTEN

LARA J. GENOVESI, JJ.

2022-06248

Cortney Banashek, respondent,

v David Gensler, appellant.

(Index No. 54517/2015)

DECISION & ORDER ON MOTION

2022-08456

Cortney E. Banashek, respondent,

v David W. Gensler, appellant.

(Index No. 54517/2015)

Appeals from two orders of the Supreme Court, Kings County, dated July 15, 2022, and February 17, 2022, respectively. Motion by the appellant, inter alia, to consolidate the appeals and, in effect, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals.

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 appeals are dismissed, without costs or disbursements, on the ground that no appeal lies from orders entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the motion by the appellant is denied as academic.

DUFFY, J.P., IANNACCI, WOOTEN and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court