| Deutsche Bank National Trust Co. v Matheson |
| Motion No: 2008-05003 |
| Slip Opinion No: 2009 NY Slip Op 72989(U) |
| Decided on May 21, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M87025
E/sl
ROBERT A. SPOLZINO, J.P.
MARK C. DILLON
ANITA R. FLORIO
ARIEL E. BELEN, JJ.
|
2008-05003 Deutsche Bank National Trust Co., respondent, v Marilyn E. Matheson, appellant. (Index No. 7241/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to hold in abeyance an appeal from an order of the Supreme Court, Dutchess County, dated May 1, 2008, pending determination of a certain motion by the Supreme Court, Dutchess County, or to enlarge the time to perfect the appeal until June 30, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this court.
SPOLZINO, J.P., DILLON, FLORIO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court