U.S. National Bank Association v Betances
Motion No: 2014-05672
Slip Opinion No: 2015 NY Slip Op 70045(U)
Decided on April 14, 2015
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

M190639

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2014-05672

U.S. National Bank Association, etc.,

respondent, v Maria C. Betances, appellant,

et al., defendants.

(Index No. 2952/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated August 9, 2014, as untimely taken.

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

ORDERED that the matter is remitted to the Supreme Court, Queens County, to hear and report on the issue of whether the order dated August 9, 2014, was served upon the appellant's counsel by the respondent's counsel with notice of entry, and, if so, when service was effected; the Supreme Court, Queens County, shall hold the hearing and file its report with all convenient speed; and it is further,

ORDERED that the motion is held in abeyance in the interim.

ENG, P.J., BALKIN, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court