| Citibank (South Dakota) N.A. v Lowenbein |
| Motion No: 2012-00414 |
| Slip Opinion No: 2012 NY Slip Op 81981(U) |
| Decided on August 20, 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. |
Appellate Division: Second Judicial Department
M142454
E/sl
THOMAS A. DICKERSON, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2012-00414 Citibank (South Dakota) N.A., plaintiff, v Shmuel A. Lowenbein, appellant. (Index No. 26628/10)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 23, 2011. By decision and order on motion of this Court dated July 10, 2012, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant was not aggrieved by the order dated March 23, 2011,
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, as the issue the appellant seeks to raise on the appeal remains pending and undecided (see CPLR 5511; Katz v Katz, 68 AD2d 536); and it is further,
ORDERED that the application is denied as academic.
DICKERSON, J.P., CHAMBERS, HALL, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court