Opinion
Motion No. 2022-07069 Index No. 130882/2013
05-22-2023
Bank of America N.A., etc., respondent, v. Mark Diorio, et al., appellants, et al., defendants.
Unpublished Opinion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, Richmond County, dated July 29, 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.
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, the appeal is dismissed, without costs or disbursements (see CPLR 5511), and the motion is otherwise denied.
DUFFY, J.P., BRATHWAITE NELSON, CHAMBERS and WARHIT, JJ., concur.