US Bank National Association v Smith
Motion No: 2013-07268
Slip Opinion No: 2014 NY Slip Op 66224(U)
Decided on March 12, 2014
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

M170922

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-07268

US Bank National Association, etc., respondent,

v Althea Smith, et al., appellants, et al., defendants.

(Index No. 26298/09)

DECISION & ORDER ON MOTION

Motion by the appellants pro se to recall and vacate a decision and order on motion of this Court dated December 30, 2013, which dismissed an appeal from an order of the Supreme Court, Queens County, entered October 27, 2010, as untimely taken, and to reinstate the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., HALL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court