| U.S. Bank, National Association v Onuogu |
| Motion No: 2024-07977 |
| Slip Opinion No: 2025 NY Slip Op 74552(U) |
| Decided on August 15, 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
M307276
AFA/
FRANCESCA E. CONNOLLY, J.P.
LARA J. GENOVESI
JANICE A. TAYLOR
JAMES P. MCCORMACK, JJ.
|
2024-07977 U.S. Bank, National Association, etc., respondent, v Ejike Onuogu, appellant, et al., defendants. (Index No. 34676/2012)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated June 18, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated March 4, 2024. Motion by the appellant to extend the time to perfect the appeal. Cross-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.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the cross-motion by the respondent is granted, the appeal is dismissed without costs and disbursements (see CPLR 5511); and it is further,
ORDERED that the motion by appellant is denied as academic.
CONNOLLY, J.P., GENOVESI, TAYLOR and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court