Cutler v Abu
Motion No: 2013-02507
Slip Opinion No: 2013 NY Slip Op 83109(U)
Decided on August 23, 2013
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

M161072

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2013-02507

Brent J. Cutler, et al., appellants,

v Desmond K. Abu, et al., defendants,

Chase Bank, et al., respondents.

(Index No. 16575/10)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, entered January 2, 2013, as untimely taken.

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 (see CPLR 5513[a]).

SKELOS, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court