Appellate Division: Second Judicial Department

M304678

AFA/

BETSY BARROS, J.P.

LINDA CHRISTOPHER

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2024-02099, 2024-02100, 2024-02101 Giuseppe Lubrano, respondent, v Ekaterina Lubrano, appellant. (Index No. 550642/2020)

DECISION & ORDER ON MOTION

2025-03169, 2025-03172

Giuseppe Lubrano, respondent,

v Ekaterina Lubrano, appellant.

(Index No. 550642/2020)

Appeals from four orders of the Supreme Court, Kings County, dated March 4, 2024, March 11, 2024, March 12, 2024, and March 18, 2025, respectively, and a decision of the same court dated March 18, 2025. Motion by the respondent to dismiss the appeals from the orders and the decision for failure to timely perfect and for failure to comply with orders of the Supreme Court, Kings, County. Motion by the appellant to stay enforcement of the order dated March 18, 2025, and the decision, pending hearing and determination of those appeals.

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

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

ORDERED that on the Court's own motion, the appeals from the order dated March 18, 2025 and the decision dated March 18, 2025, are dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), and no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion by the appellant is denied as academic.

BARROS, J.P., CHRISTOPHER, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court