| U.S. Bank National Association v Hamilton |
| Motion No: 2011-03207 |
| Slip Opinion No: 2011 NY Slip Op 77437(U) |
| Decided on July 1, 2011 |
| 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
M122362
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2011-03207 U.S. Bank National Association, etc., respondent, v Festa Hamilton, appellant, et al., defendants. (Index No. 12888/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a decision of the Supreme Court, Nassau County, entered November 17, 2009, or, alternatively, to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, for leave to appeal to this Court from the decision.
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 branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as academic; and it is further,
ORDERED that the cross motion is denied.
DILLON, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court