| Bank of America, N.A. v Rinaudo |
| Motion No: 2025-09516 |
| Slip Opinion No: 2026 NY Slip Op 60181(U) |
| Decided on January 7, 2026 |
| 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
M310557
ID/
FRANCESCA E. CONNOLLY, J.P.
WILLIAM G. FORD
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2025-09516 Bank of America, N.A., respondent, v John Rinaudo, appellant, et al., defendants. (Index No. 135223/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Richmond County, dated October 26, 2023. Motion by the respondent, inter alia, to dismiss the appeal on the ground that no appeal lies from an order 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 branch of the motion which is to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party is granted, and the appeal is dismissed (see CPLR 5511), without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
CONNOLLY, J.P., FORD, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court