Bank of New York Mellon, formerly known as Bank of Ne
Motion No: 2016-06856
Slip Opinion No: 2016 NY Slip Op 85400(U)
Decided on September 14, 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

M218110

E/sl

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2016-06856

Bank of New York Mellon, formerly known

as Bank of New York, etc., respondent,

v Melissa Sacco, et al., defendants, Eric

Krane, appellant.

(Index No. 66676/14)

DECISION & ORDER ON MOTION

Appeal by Eric Krane from a judgment of the Supreme Court, Suffolk County, entered April 7, 2016. By order to show cause dated July 29, 2016, the parties to the appeal were directed to show cause why the appeal should or should not be dismissed on the ground that the judgment entered April 7, 2016, was entered upon the default of the appellant.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the matter is remitted to the Supreme Court, Suffolk County, to report on whether the court considered the opposition filed by Eric Krane in connection with the motion by Bank of New York Mellon, formerly known as Bank of New York, for a judgment of foreclosure and sale; the Supreme Court, Suffolk County, shall file its report with all convenient speed; and it is further,

ORDERED that the motion to dismiss the appeal is held in abeyance in the interim.

ENG, P.J., LEVENTHAL, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court