Appellate Division: Second Judicial Department

M301544

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

BARRY E. WARHIT

CARL J. LANDICINO, JJ.

2023-09808 HBSC Bank USA, National Association, etc., respondent, v Hugh Parris, appellant, et al., defendants. (Index No. 16578/2009)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated November 13, 2018. Motion by the appellant to stay enforcement of the judgment, including the auction or sale of the subject property, pending hearing and determination of the appeal. By order to show cause dated April 19, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from a judgment entered upon the default of the appealing party, and the appellant's motion was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of appellant's motion and the papers filed in opposition thereto, it is

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

ORDERED that the motion to stay enforcement of the judgment, including the auction or sale of the subject property, pending hearing and determination of the appeal, is granted and enforcement of the judgment, including the auction or sale of the subject property, is stayed, pending hearing and determination of the appeal.

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

ENTER:

Darrell M. Joseph

Clerk of the Court