Opinion
Motion No. 2023-05795 Index No. 32690/2021
09-06-2023
Fifth Third Bank, National Association, respondent, v. Szipora Engel, appellant, et al., defendants.
Unpublished Opinion
MOTION DECISION
M290906
MARK C. DILLON, J.P., JOSEPH J. MALTESE, PAUL WOOTEN, LILLIAN WAN, JJ.DECISION & ORDER ON MOTION
Appeal from an order and judgment (one paper) of the Supreme Court, Rockland County, dated April 7, 2023. Motion by the appellant to stay enforcement of the order and judgment, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, 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.
DILLON, J.P., MALTESE, WOOTEN and WAN, JJ., concur.