Wells Fargo Bank v Payne
Motion No: 2014-06617
Slip Opinion No: 2016 NY Slip Op 95468(U)
Decided on December 28, 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

M223760

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2014-06617

Wells Fargo Bank, respondent,

v Patricia Payne, appellant, et al.,

defendants.

(Index No. 33009/06)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated June 16, 2015, as dismissed an appeal from an order of the Supreme Court, Kings County, dated April 10, 2014, for failure to timely perfect, for poor person relief, for the assignment of counsel, and to enlarge the time to perfect the appeal.

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 branch of the motion which is to recall and vacate so much of the decision and order on motion of this Court dated June 16, 2015, as dismissed the appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., DICKERSON, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court