| U.S. Bank National Association v Palazzo |
| Motion No: 2016-03135 |
| Slip Opinion No: 2016 NY Slip Op 81899(U) |
| Decided on August 9, 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
M216193
E/afa
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2016-03135 U.S. Bank National Association, etc., respondent, v Robert Palazzo, et al., appellants, et al., defendants. (Index No. 31364/12)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue the respondent's prior motion to dismiss an appeal from an order of the Supreme Court, Rockland County, dated March 1, 2016, as untimely taken, which was determined by decision and order on motion of this Court dated June 2, 2016.
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, the decision and order on motion of this Court dated June 2, 2016, is recalled and vacated, and, upon reargument, the respondent's prior motion to dismiss the appeal as untimely taken is denied.
LEVENTHAL, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court