| JP Morgan Chase Bank, N.A. v H.B. Net, Inc. |
| Motion No: 2014-04952 |
| Slip Opinion No: 2015 NY Slip Op 73223(U) |
| Decided on May 15, 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. |
Appellate Division: Second Judicial Department
M192256
E/ct
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
SANDRA L. SGROI
BETSY BARROS, JJ.
|
2014-04952 JP Morgan Chase Bank, N.A., respondent, v H.B. Net, Inc., defendant, Chaim Y. Kopciel, appellant. (Index No. 11-51304)
| DECISION & ORDER ON MOTION |
Appeal by Chaim Y. Kopciel from an order of the Supreme Court, Westchester County, entered April 7, 2014. By decision and order on motion of this Court dated September 23, 2014, the respondent's motion, inter alia, to dismiss the appeal on the ground that no appeal lies from an order denying reargument was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. Pursuant to 22 NYCRR 670.8(e), the time to perfect the appeal expired on November 1, 2014.
Now, on the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the respondent's motion, inter alia, to dismiss the appeal is denied as academic.
ENG, P.J., MASTRO, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court