| Shah v Deluca |
| Motion No: 2024-04946 |
| Slip Opinion No: 2025 NY Slip Op 60295(U) |
| Decided on January 8, 2025 |
| 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. |
Appellate Division: Second Judicial Department
M301896
AFA/
HECTOR D. LASALLE, P.J.
LARA J. GENOVESI
JANICE A. TAYLOR
PHILLIP HOM, JJ.
|
2024-04946 Darshan Shah, respondent, v Lorenzo Deluca, et al., appellants. (Index No. 616337/2022)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Nassau County, dated January 26, 2024. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from a judgment entered upon the default of the appealing party or, in the alternative, to extend the time to serve and file a brief. Motion by the appellants to stay enforcement of the judgment, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion by the respondent which is to dismiss the appeal on the ground that no appeal lies from a judgment entered upon the default of the appealing party is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that motion by the respondent is otherwise denied as academic; and it is further,
ORDERED that the motion by the appellants is denied as academic.
LASALLE, P.J., GENOVESI, TAYLOR and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court