Russo v Elizon Master Participation Trust I US Bank Trust
Motion No: 2024-10133
Slip Opinion No: 2025 NY Slip Op 66908(U)
Decided on April 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M304391

AFA/

BETSY BARROS, J.P.

BARRY E. WARHIT

HELEN VOUTSINAS

LILLIAN WAN, JJ.

2024-10133

Jason Russo, et al., appellants,

v Elizon Master Participation Trust I US

Bank Trust National Association,

respondent, et al., defendants.

(Index No. 614373/2024)

DECISION & ORDER ON MOTION

2024-10143

Jason Russo, et al., appellants,

v Elizon Master Participation Trust I US

Bank Trust National Association,

respondent, et al., defendants.

(Index No. 614373/2024)

Appeals from two orders of the Supreme Court, Suffolk County, dated July 9, 2024, and July 3, 2024, respectively, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeals on the ground that no appeal lies from orders entered upon the default of the appealing party.

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

ORDERED that the motion is denied as academic.

BARROS, J.P., WARHIT, VOUTSINAS and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court