Deutsche Bank National Trust Company v Bowers
Motion No: 2014-02194
Slip Opinion No: 2014 NY Slip Op 85805(U)
Decided on October 8, 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

M180910

T/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2014-02194

Deutsche Bank National Trust Company,

appellant, v Barbara R. Bowers, respondent,

et al., defendants.

(Index No. 21773/09)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 3, 2013. By order to show cause dated July 23, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the order is not appealable as of right (see CPLR 5701), and leave to appeal has not been granted. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the application is denied as academic.

DILLON, J.P., BALKIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court