| U.S. National Bank Association v Betances |
| Motion No: 2014-05672 |
| Slip Opinion No: 2015 NY Slip Op 86608(U) |
| Decided on October 6, 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
M199536
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. By decision and order on motion of this Court dated April 14, 2015, the matter was 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, issued a report dated September 2, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Queens County, dated September 2, 2015, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]).
ENG, P.J., BALKIN, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court