| Bank of New York v Dorce |
| Motion No: 2014-03763 |
| Slip Opinion No: 2016 NY Slip Op 63168(U) |
| Decided on February 4, 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. |
Appellate Division: Second Judicial Department
M205978
S/sl
RANDALL T. ENG, P.J.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2014-03763 Bank of New York, etc., respondent, v Wilguens Dorce, appellant, et al., defendants. (Index No. 3519/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered September 24, 2013, on the ground that the judgment was entered upon the appellant's default. By decision and order on motion dated June 5, 2014, the motion was
held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal. The appeal has not been perfected.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion the appeal is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that so much of the decision and order on motion of this Court dated June 5, 2014, as referred the motion to dismiss the appeal to the panel of Justices hearing the appeal is recalled and vacated, and the motion is denied as academic.
ENG, P.J., CHAMBERS, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court