US Bank National Association v Kail
Motion No: 2016-10621
Slip Opinion No: 2017 NY Slip Op 69239(U)
Decided on March 31, 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

M228595

T/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-10621, 2016-12375

US Bank National Association, etc.,

respondent, v Melanie Kail, appellant,

et al., defendants.

(Index No. 7832/09)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, entered April 8, 2015, and October 20, 2015, respectively.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order entered April 8, 2015 (Appellate Division Docket No. 2016-10621), is dismissed, without costs or disbursements, as that order was superseded by the order entered October 20, 2015, made upon reargument and renewal; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order entered April 8, 2015, is denied as academic; and it is further,

ORDERED that the application is otherwise denied as premature.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court