Wells Fargo Bank, N.A. v Browne
Motion No: 2022-08085
Slip Opinion No: 2024 NY Slip Op 67161(U)
Decided on May 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M296186

AFA/

FRANCESCA E. CONNOLLY, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2022-08085

Wells Fargo Bank, N.A., etc., plaintiff-respondent,

v Michael C. Browne, etc., et al., appellants,

Midland Funding LLC, etc., et al.,

defendants-respondents.

(Index No. 612120/2018)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated April 16, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the plaintiff-respondent to dismiss the appeal on the ground that no appeal lies from a judgment issued upon the default of the appealing party. Cross-motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.

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 is denied; and it is further,

ORDERED that the motion is denied as academic.

CONNOLLY, J.P., WOOTEN, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court