DLJ Mortgage Capital, Inc. v Lawrence
Motion No: 2013-02989
Slip Opinion No: 2013 NY Slip Op 90029(U)
Decided on October 31, 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

M164579

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2013-02989

DLJ Mortgage Capital, Inc., plaintiff,

v Claude Lawrence, appellant.

(Index No. 7905/08)

DECISION & ORDER ON MOTION

Motion by DLJ Mortgage Capital Inc., to dismiss an appeal from an order of the Supreme Court, Nassau County, entered January 7, 2013, on the ground that no appeal lies from an order denying reargument.

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

ORDERED that the motion is dismissed on the ground that DLJ Mortgage Capital Inc., is not a party to the appeal; and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e]).

RIVERA, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court