Appellate Division: Second Judicial Department

M308696

AFA/

FRANCESCA E. CONNOLLY, J.P.

BARRY E. WARHIT

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2023-02384 Rachel Small, etc., respondent, v 544 Union De LLC, appellant. (Index No. 502045/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated February 10, 2023. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party. Application by the appellant to extend the time to perfect the appeal. By decision and order of this Court dated June 3, 2024, the motion and the application were held in abeyance and the matter was referred to the Supreme Court, Kings County, to report on whether it considered Supreme Court NYSCEF Document No. 85 filed in an action entitled Marantz v MD CBD 180 Franklin LLC, under Index No. 521055-2020, in connection with the motion which was determined by the order dated February 10, 2023. The Supreme Court has filed its report.

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 application and no papers having been filed in opposition or in relation thereto, and upon the report of the Supreme Court dated August 29, 2024, it is

ORDERED that the motion is granted, the appeal is 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 it is further,

ORDERED that the application is denied as academic.

CONNOLLY, J.P., WARHIT, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court