US Bank National Association v Molina
Motion No: 2016-01887
Slip Opinion No: 2017 NY Slip Op 67050(U)
Decided on March 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M227553

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2016-01887

US Bank National Association, etc., respondent,

v Mariana Molina, also known as Maria Molina,

appellant, et al., defendants.

(Index No. 2244/10)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered December 14, 2015. Cross motion by the respondent to dismiss the appeal as untimely taken.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the motion is denied as academic.

DILLON, J.P., LEVENTHAL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court