| U.S. Bank, National Association v Husain |
| Motion No: 2015-04914 |
| Slip Opinion No: 2015 NY Slip Op 89423(U) |
| Decided on November 2, 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
M201069
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2015-04914, 2015-10251 U.S. Bank, National Association, etc., respondent, v Shazam Husain, et al., defendants, Mortgage Electronic Registration Systems, Inc., etc., appellant. (Index No. 12556/09)
| DECISION & ORDER ON MOTION |
Motion by Dorf & Nelson, LLP, for leave to withdraw as counsel for the appellant on appeals from a decision of the Supreme Court, Queens County, entered September 30, 2014, and an order of the same court entered March 24, 2015, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branches of the motion which are for leave to withdraw as counsel for the appellant on the appeal from the order and to enlarge the time to perfect the appeal from the order are granted, and the motion is otherwise denied as academic; and it is further,
ORDERED that on or before November 18, 2015, Dorf & Nelson, LLP, shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,
ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon it of a copy of this decision and order on motion; and it is further,
ORDERED that the appellant's time to perfect the appeal from the order is enlarged until January 19, 2016, and the record or appendix and the appellant's brief must be served and filed on or before that date.
DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court