| Fifth Third Bank, National Association v Engel |
| Motion No: 2023-05795 |
| Slip Opinion No: 2023 NY Slip Op 72832(U) |
| Decided on September 6, 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
M290906
AFA/
MARK C. DILLON, J.P.
JOSEPH J. MALTESE
PAUL WOOTEN
LILLIAN WAN, JJ.
|
2023-05795 Fifth Third Bank, National Association, respondent, v Szipora Engel, appellant, et al., defendants. (Index No. 32690/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Rockland County, dated April 7, 2023. Motion by the appellant to stay enforcement of the order and judgment, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal.
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 appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., MALTESE, WOOTEN and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court