JP Morgan Chase Bank, NA v Mark Elliot Korn & Assoc.
Motion No: 2008-09745
Slip Opinion No: 2008 NYSlipOp 92363(U)
Decided on December 18, 2008
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M80081

E/cb

PETER B. SKELOS, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

RANDALL T. ENG, JJ.

2008-09745, 2008-09747

JP Morgan Chase Bank, NA, respondent,

v Mark Elliot Korn & Associates, LLC,

et al., appellants.

(Index No. 3328/06)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Nassau County, entered April 21, 2008, and August 27, 2008, respectively, to dismiss the appeal from the order entered April 21, 2008, as untimely taken and to impose a sanction upon the appellants and for an award of costs. Cross motion by the appellants, in effect, to impose a sanction upon the respondent.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, it is

ORDERED that the motion and cross motion are denied.

SKELOS, J.P., DILLON, McCARTHY and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court