| Deutsche Bank National Trust v Suzan |
| Motion No: 2023-01961 |
| Slip Opinion No: 2023 NY Slip Op 78916(U) |
| Decided on December 20, 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
M293144
SW/
COLLEEN D. DUFFY, J.P.
PAUL WOOTEN
LARA J. GENOVESI
HELEN VOUTSINAS, JJ.
|
2023-01961 Deutsche Bank National Trust Company, etc., appellant, v Yanick Suzan, respondent, et al., defendants. (Index No. 504351/2020)
| DECISION & ORDER ON MOTION |
2023-03801
Deutsche Bank National Trust Company,
etc., appellant, v Yanick Suzan, respondent,
et al., defendants.
(Index No. 504351/2020)
Appeals from an order and a judgment of the Supreme Court, Kings County, dated February 9, 2023, and March 20, 2023, respectively, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeal from the order on the ground that the right of direct appeal terminated upon entry in the above-entitled action of the judgment and on the ground that no appeal lies from an order entered upon default. Motion by the respondent to dismiss the appeal from the judgment on the ground that no appeal lies from a judgment entered upon default.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions are denied as academic.
DUFFY, J.P., WOOTEN, GENOVESI and VOUTSINAS, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court