Appellate Division: Second Judicial Department

M301207

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2024-03638 Bank of New York Mellon, etc., respondent, v Debra Ann Daly, etc., et al., defendants; Wilton W. Widman, Jr., etc., nonparty-appellant. (Index No. 205166/2022)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated March 20, 2024. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party. Motion by the appellant to stay enforcement of the order and judgment, including the sale or auction of the subject property, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion by the respondent and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, it is

ORDERED that the motion by the respondent to dismiss the appeal is denied; and it is further,

ORDERED that the motion by the appellant to stay enforcement of the order and judgment, including the sale or auction of the subject property, is denied; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal is extended, and on or before January 6, 2025, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., GENOVESI, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court