| DLJ Mortgage Capital, Inc. v Ebanks |
| Motion No: 2023-05918 |
| Slip Opinion No: 2024 NY Slip Op 60486(U) |
| Decided on January 12, 2024 |
| 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
M293548
AFA/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
PAUL WOOTEN
LILLIAN WAN, JJ.
|
2023-05918 DLJ Mortgage Capital, Inc., respondent, v Carlyle Ebanks, appellant, et al., defendants. (Index No. 501301/2014)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, dated April 27, 2022. Motion by the respondent to dismiss the appeal, inter alia, on the ground that no appeal lies from a judgment issued 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 respondent's motion which is to dismiss the appeal on the ground that no appeal lies from a judgment issued upon the default of the appealing party is granted, the appeal is dismissed, without costs or disbursements (see CPLR 5511), and the respondent's motion is otherwise denied as academic.
BARROS, J.P., CHAMBERS, WOOTEN and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court