| Bank of New York v Dorce |
| Motion No: 2014-03763 |
| Slip Opinion No: 2014 NY Slip Op 74329(U) |
| Decided on June 5, 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. |
Appellate Division: Second Judicial Department
M174687
E/sl
PETER B. SKELOS, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2014-03763 Bank of New York, etc., respondent, v Wilguens Dorce, appellant, et al., defendants. (Index No. 3519/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered September 24, 2013, on the ground that the judgment was entered upon the appellant's default.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal as the appellant may raise issues which were the subject of contest below (see James v Powell, 19 NY2d 249, 256, n.3).
SKELOS, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court