| CIT Bank, N.A. v Freeman |
| Motion No: 2023-05937 |
| Slip Opinion No: 2024 NY Slip Op 64817(U) |
| Decided on March 27, 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
M295256
AFA/
FRANCESCA E. CONNOLLY, J.P.
JOSEPH J. MALTESE
DEBORAH A. DOWLING
BARRY E. WARHIT, JJ.
|
2023-05937 CIT Bank, N.A., etc., plaintiff-respondent, v Gary Freeman, etc., et al., defendants; Bank of New York Mellon Trust Company, N.A., etc., nonparty-respondent; Kimberly Persaud, nonparty-appellant. (Index No. 704162/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated October 18, 2022. Motion by the appellant, inter alia, in effect, for summary reversal of the order and judgment or, in the alternative, to stay enforcement of the order and judgment, pending hearing and determination of the appeal. Cross-motion by the nonparty-respondent to dismiss the appeal on the ground that no appeal lies from an order and judgment entered on the default of the appealing party.
Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the cross-motion to dismiss the appeal is granted, 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.
CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court