Opinion
Motion No. 2022-04958 Index No. 37618/2006
05-22-2023
21st Mortgage Corporation, etc., plaintiff, v. Ana Aragones, et al., defendants, E 55 Street Management Plus Corp., appellant; Mortgage Lenders Network USA, Inc., nonparty-respondent.
Unpublished Opinion
MOTION DECISION
COLLEEN D. DUFFY, J.P. VALERIE BRATHWAITE NELSON CHERYL E. CHAMBERS BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated May 12, 2022. 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. Application by the appellant to extend the time to perfect the appeal.
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, 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, the appeal is dismissed, without costs or disbursements (see CPLR 5511), and the motion is otherwise denied; and it is further, ORDERED that the application is denied as academic.
DUFFY, J.P., BRATHWAITE NELSON, CHAMBERS and WARHIT, JJ., concur.