Opinion
2019-13479 Index No. 704162/2014
03-27-2024
CIT Bank, N.A., etc., plaintiff-respondent, v. Gary Freeman, etc., et al., defendants;
Unpublished Opinion
MOTION DECISION
M295256
FRANCESCA E. CONNOLLY, J.P. JOSEPH J. MALTESE DEBORAH A. DOWLING BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated October 18, 2022. Motion by the appellant, inter alia, in effect, for summary reversal of the order and judgment or, in the alternative, to stay enforcement of the order and judgment, pending hearing and determination of the appeal. Cross-motion by the nonparty-respondent to dismiss the appeal on the ground that no appeal lies from an order and judgment entered on the default of the appealing party.
Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the cross-motion to dismiss the appeal is granted, the appeal is dismissed without costs or disbursements, on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party (see CPLR 5511); and it is further, ORDERED that the motion is denied as academic.
CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.