| Onewest Bank, FSB v Weaver |
| Motion No: 2016-08024 |
| Slip Opinion No: 2017 NY Slip Op 70990(U) |
| Decided on April 19, 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
M229716
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2016-08024 Onewest Bank, FSB, respondent, v Everette Weaver, appellant, et al., defendants. (Index No. 83/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Dutchess County, dated June 9, 2016, to include the affidavit of a forensic document examiner and other certain documents. Cross motion by the respondent to dismiss the appeal on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the Supreme Court, Dutchess County, dated January 12, 2017, in the above-entitled action. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and 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 the cross motion is granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further
ORDERED that the motion and the application are denied as academic.
MASTRO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court