| US Bank National Association v Marte |
| Motion No: 2022-01725 |
| Slip Opinion No: 2023 NY Slip Op 67369(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
M289145
AFA/
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
CHERYL E. CHAMBERS
BARRY E. WARHIT, JJ.
|
2022-01725 US Bank National Association, etc., respondent, v Ana Marte, et al., appellants, et al., defendants. (Index No. 703777/2021)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Queens County, dated January 20, 2022. Motion by the respondent, inter alia, to dismiss the appeal on the ground that no appeal lies from a judgment entered upon the default of the appealing party.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from a judgment entered upon the default of the appealing party is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
DUFFY, J.P., BRATHWAITE NELSON, CHAMBERS and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court