| Bank of America N.A. v Viscelli |
| Motion No: 2022-07069 |
| Slip Opinion No: 2023 NY Slip Op 67329(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
M289143
AFA/
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
CHERYL E. CHAMBERS
BARRY E. WARHIT, JJ.
|
2022-07069 Bank of America N.A., etc., respondent, v Mark Diorio, et al., appellants, et al., defendants. (Index No. 130882/2013)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Richmond County, dated July 29, 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.
Upon the papers filed in support of the motion 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.
DUFFY, J.P., BRATHWAITE NELSON, CHAMBERS and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court