| U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2002, MORGAN |
| Motion No: CA 16-00680 |
| Slip Opinion No: 2016 NY Slip Op 74050(U) |
| Decided on May 17, 2016 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00680
| U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT DATED AS OF APRIL 1, 2002, MORGAN STANLEY DEAN WITTER CAPITAL I INC. TRUST 2002-NC2, PLAINTIFF-APPELLANT,
V MARY ANNE DIETRICK, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on November 13, 2015,
Now, upon reading and filing the affirmation of Kathleen M. Massimo, Esq., dated April 26, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: May 17, 2016
Frances E. Cafarell, Clerk