U.S. Bank National Association v Zenteno Corp.
Motion No: 2024-01461
Slip Opinion No: 2024 NY Slip Op 77093(U)
Decided on October 23, 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

M300206

KS/

MARK C. DILLON, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2024-01461

U.S. Bank National Association, etc., respondent,

v Zenteno Corp., et al., appellants, et al., defendants.

(Index No. 714725/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, dated January 9, 2024. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party. Motion by the appellants, inter alia, to stay enforcement of the judgment, including the sale of the subject property, pending hearing and determination of the appeal. Separate motion by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motion by the respondent to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the appellants and the motion by the respondent to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party is denied; and it is further,

ORDERED that the motion by the appellants is granted to the extent that enforcement of the judgment, including the sale of the subject property, is stayed, pending hearing and determination of the appeal, and the motion by the appellants is otherwise denied; and it is further,

ORDERED that the motion by the respondent to extend the time to serve and file a brief is granted, and on or before November 22, 2024, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., WOOTEN, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court