| Deutsche Bank National Trust Company, as trustee for Morgan Stanley |
| Motion No: 2016-09132 |
| Slip Opinion No: 2017 NY Slip Op 77275(U) |
| Decided on June 16, 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
M232776
E/afa
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2016-09132 Deutsche Bank National Trust Company, as trustee for Morgan Stanley Mortgage Loan Trust 2005-11AR, respondent, v Oral C. Patrick, appellant, et al., defendants. (Index No. 15439/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 17, 2016, on the ground, inter alia, that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted. 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 application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the application is denied as academic.
BALKIN, J.P., CHAMBERS, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court