| 21st Mortgage Corporation v Aragones |
| Motion No: 2022-04958 |
| Slip Opinion No: 2023 NY Slip Op 67326(U) |
| Decided on May 22, 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
M289142
AFA/
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
CHERYL E. CHAMBERS
BARRY E. WARHIT, JJ.
|
2022-04958 21st Mortgage Corporation, etc., plaintiff, v Ana Aragones, et al., defendants, E 55 Street Management Plus Corp., appellant; Mortgage Lenders Network USA, Inc., nonparty-respondent. (Index No. 37618/2006)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated May 12, 2022. Motion by the respondent, inter alia, to dismiss the appeal on the ground that no appeal lies from an order entered 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 motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party is granted, the appeal is dismissed, without costs or disbursements (see CPLR 5511), and the motion is otherwise denied; and it is further,
ORDERED that the application is denied as academic.
DUFFY, J.P., BRATHWAITE NELSON, CHAMBERS and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court