Appellate Division: Second Judicial Department

M155595

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-06463 125 Belle Harbor, LLC, plaintiff, v Belle Harbor Washington, LLC, defendants third- party defendants-respondents, et al., defendants; New York Community Bank, third-party plaintiff-appellant. (Index No. 25410/09)

DECISION & ORDER ON MOTION

Motion by Belle Harbor Washington, LLC, and Rosemark Contractors, Inc., to dismiss an appeal from an order of the Supreme Court, Queens County, entered May 7, 2012, as untimely taken. Cross motion by New York Community Bank, inter alia, to deem its notice of appeal from the order entered May 7, 2012, to be from an order of the same court entered March 15, 2012, and to deem its notice of appeal to be timely served and filed.

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

ORDERED that the on the Court's own motion, the appeal from the order entered May 7, 2012 (Appellate Division Docket No. 2012-06463), is dismissed, without costs or disbursements, on the ground that New York Community Bank is not aggrieved by that order; and it is further,

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court