Bank of America, N.A. v Lucido
Motion No: 2012-05450
Slip Opinion No: 2012 NY Slip Op 80535(U)
Decided on August 3, 2012
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

M141521

H/sl

ANITA R. FLORIO, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-05450

Bank of America, N.A., appellant,

v John A. Lucido, et al., respondent.

(Index No. 3769-09)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this Court from a judgment of the Supreme Court, Suffolk County, dated April 16, 2012.

Upon the papers filed in support of the motion and no papers filed in opposition or relation thereto, it is

ORDERED that the motion is denied as unnecessary, as the judgment is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the plaintiff's motion papers are deemed to be a timely notice of appeal (see CPLR 5520[b]).

FLORIO, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court