Dorts v Berezovsky
Motion No: 2023-04586
Slip Opinion No: 2023 NY Slip Op 79217(U)
Decided on December 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M293177

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

LARA J. GENOVESI

HELEN VOUTSINAS, JJ.

2023-04586

Polina Dorts, etc., et al., respondents,

v Michael Berezovsky, appellant, et al.,

defendants.

(Index No. 151183/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated March 9, 2023. Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, 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 entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is denied as academic.

DUFFY, J.P., WOOTEN, GENOVESI and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court