| Wenig Saltiel, Llp v Specialized Loan Servicing, LLC, Et Al. |
| Motion No: 2016-02583 RIC |
| Slip Opinion No: 2016 NY Slip Op 95373(U) |
| Decided on December 22, 2016 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
THOMAS P. ALIOTTA, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Wenig Saltiel, LLP, Appellant-Respondent, v Specialized Loan Servicing, LLC, et al., Respondents-Appellants, et al., Defendant. |
Motion by appellant-respondent for leave to consolidate appeals and cross appeals from orders of the Civil Court of the City of New York, Richmond County, entered March 4, 2016 and September 13, 2016, respectively. A review of the record indicates that the orders entered March 4, 2016 and September 13, 2016 and notices of their entry, and the notices of appeal from those orders, were served on September 21, 2016, and the notices of cross appeal were not filed until November 9, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the order entered March 4, 2016 is dismissed, as that order was superseded by the order entered September 13, 2016, made upon reargument; and it is further,
ORDERED that the cross appeals are dismissed as untimely (see CPLR 5513 [c]); and it is further,
ORDERED that appellant-respondent's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk