Matter of Sagaria v Sagaria
Motion No: 2024-02278
Slip Opinion No: 2024 NY Slip Op 69069(U)
Decided on June 7, 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

M296939

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

LILLIAN WAN

CARL J. LANDICINO, JJ.

2024-02278

In the Matter of John Sagaria, appellant,

v Cynthia Sagaria, respondent.

(Docket Nos. O-288-2022, O-3072-2022,

V-2095-2022/2022A, V-2882-2022/2022A,

V-3141-2022/2022A, V-5748-2021/2021A,

V-5748-2021/2022C, V-5748-2021/2022D )

DECISION & ORDER ON MOTION

Appeal by John Sagaria from an order of the Family Court, Orange County, dated March 1, 2024. Motion by the appellant to vacate or to stay enforcement of the order and any warrant of arrest, 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.

IANNACCI, J.P., WOOTEN, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court