| ONEWEST BANK, N.A. FORMERLY KNOWN AS ONEWEST BANK, F.S.B. V CITY OF AUBURN, RENEE MILLS, RSS PROPERTIES, LLC, MISTI |
| Motion No: CA 17-00574 |
| Slip Opinion No: 2017 NY Slip Op 70317(U) |
| Decided on April 13, 2017 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-00574
| ONEWEST BANK, N.A. FORMERLY KNOWN AS ONEWEST BANK, F.S.B.,
PLAINTIFF-APPELLANT, V CITY OF AUBURN, RENEE MILLS, RSS PROPERTIES, LLC, MISTI WHITE,
DEFENDANTS-RESPONDENTS. |
Respondent Renee Mills having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on December 22, 2016, on the ground that the appeal was untimely taken pursuant to CPLR 5513 (a),
Now, upon reading and filing the affirmation of David G. Tehan, Esq., dated March 21, 2017, the notice of motion with proof of service thereof, the affidavit of Molly M. Ryan, Esq., sworn to April 4, 2017, and the affirmation of Jason W. Creech, Esq., dated April 6, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice and leave to renew the arguments in support of and in opposition to the motion in the parties' briefs and at oral argument.
Entered: April 13, 2017
Frances E. Cafarell, Clerk