| Signature Bank v Fortini |
| Motion No: 2015-06627 |
| Slip Opinion No: 2015 NY Slip Op 84550(U) |
| Decided on September 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
M198536
E/sl
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2015-06627 Signature Bank, respondent, v James Fortini, appellant, et al., defendants. (Index No. 20801/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 3, 2015, as untimely taken. Motion by the appellant to enjoin the sale, transfer, or encumbrance of the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the appellant's motion is denied as academic.
RIVERA, J.P., ROMAN, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court