| Bank of New York Mellon, formerly known as Bank of New York v Sac |
| Motion No: 2016-06856 |
| Slip Opinion No: 2017 NY Slip Op 63422(U) |
| Decided on February 7, 2017 |
| 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
M225839
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. By decision and order on motion of this Court, the matter was remitted to the Supreme Court, Suffolk County, to report on whether that 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, and the motion to dismiss the appeal was held in abeyance in the interim. The Supreme Court, Suffolk County, has filed its report dated December 2, 2017.
Now, upon the order to show cause and the papers filed in response thereto, and upon the report of the Supreme Court, Suffolk County, dated December 2, 2017, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511).
ENG, P.J., LEVENTHAL, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court