Vanderbilt Mortgage and Finance, Inc. v Palmore-Archer
Motion No: 2015-08163
Slip Opinion No: 2016 NY Slip Op 62212(U)
Decided on January 25, 2016
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

M205065

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2015-08163

Vanderbilt Mortgage and Finance, Inc., respondent,

v Gail Palmore-Archer, appellant, et al., defendants.

(Index No. 9171/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 27, 2015, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action and on the ground that no appeal lies from an order denying reargument.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion is denied as academic.

BALKIN, J.P., CHAMBERS, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court