CitiMortgage Inc. v 821 East 218th Street LLC et al. X

Motion No: M-35

Slip Opinion No: 2017 NYSlipOp 64523(U)

Decided on February 16, 2017

Appellate Division, First 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.

February 16, 2017

CitiMortgage, Inc.,

Plaintiff-Appellant,

v

821 East 218th Street, LLC, et al., Defendants-Respondents.

An appeal having been taken from the order of the Supreme Court, Bronx County, entered on or about September 29, 2016, And, plaintiff-appellant having moved for an order deeming the notice of appeal, filed on November 17, 2016, to be timely filed, or in the alternative, for an enlargement of time to file the notice of appeal, and for an order compelling defendants to accept the notice of appeal served pursuant to that directive

(M-6296), And, defendants having moved to dismiss said appeal (M-35), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion by plaintiff-appellant is denied (M-6296). The appeal is dismissed (M-35).Entered: February 16, 2017

_____________________ DEPUTY CLERK

PRESENT - Hon: David Friedman, Justice Presiding, Rosalyn H. Richter David B. Saxe Karla Moskowitz Barbara R. Kapnick, Justices

M-35

M-6296

Index No. 380232/14