U.S. Bank v Sealy
Motion No: 2024-03196
Slip Opinion No: 2024 NY Slip Op 77326(U)
Decided on October 25, 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

M300281

KS/

CHERYL E. CHAMBERS, J.P.

JOSEPH J. MALTESE

LARA J. GENOVESI

CARL J. LANDICINO, JJ.

2024-03196, 2024-03197

U.S. Bank National Association, respondent,

v Donald D. Sealy, et al., defendants,

587 Bristol Street LLC, defendant-appellant;

587 Bristol Realty LLC, et al., nonparty-appellants.

(Index No. 17370/2011)

DECISION & ORDER ON MOTION

Appeals from an order and an order and judgment (one paper) of the Supreme Court, Kings County, both dated September 20, 2023. Motion by the appellants to stay enforcement of the order and judgment, including the sale of the subject property, pending hearing and determination of the appeals. Separate motion by the appellants to extend the time to perfect the appeals.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the appeals are dismissed, without costs or disbursements, on the ground that no appeal lies from an order and an order and judgment entered upon the default of the appealing parties (see CPLR 5511); and it is further,

ORDERED that the motions are denied as academic.

CHAMBERS, J.P., MALTESE, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court