| 264 Lagoon Dr Lido Beach NY LLC v J.P. Morgan Mortga |
| Motion No: 2015-07553 |
| Slip Opinion No: 2016 NY Slip Op 63954(U) |
| Decided on February 10, 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
M206052
E/sl
MARK C. DILLON, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2015-07553 264 Lagoon Dr Lido Beach NY, LLC, appellant, v J.P. Morgan Mortgage Acquisition Corp., et al., defendants, Wells Fargo Bank, National Association, etc., respondent. (Index No. 5399/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered April 16, 2015, for failure to timely perfect.
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 the motion is granted, and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the branch of the respondent's prior motion which was to dismiss the appeal for failure to join the respondent as a necessary party to the action, which was previously held in abeyance by decision and order on motion of this Court dated September 18, 2015, is denied as academic.
DILLON, J.P., COHEN, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court