Federal National Mortgage Association ("Fannie Mae") v Berger
Motion No: 2016-09540
Slip Opinion No: 2017 NY Slip Op 73282(U)
Decided on May 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

M230888

E/sl

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2016-09540

Federal National Mortgage Association

("Fannie Mae"), etc., v Faigy Berger,

et al., appellants.

(Index No. 35226/14)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated July 21, 2016. By order to show cause dated March 13, 2017, the parties to the appeal were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the order dated July 21, 2016, was entered upon the default of the appellants, and the application was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the application is denied as academic.

RIVERA, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court