| Wells Fargo Bank, NA v Masri |
| Motion No: 2016-12365 |
| Slip Opinion No: 2017 NY Slip Op 77370(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
M232989
E/ct
RANDALL T. ENG, P.J.
LEONARD B. AUSTIN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2016-12365 Wells Fargo Bank, NA, respondent, v Joel Masri, defendant, 2 Durant Corp., appellant. (Index No. 10785/08)
| DECISION & ORDER ON MOTION |
Appeal by 2 Durant Corp. from an order of the Supreme Court, Orange County, dated October 12, 2016. By order to show cause dated May 2, 2017, the parties to the appeal were directed to show cause why the appeal should or should not be dismissed on the ground that the order dated October 12, 2016, was not appealable as of right and leave to appeal had not been granted. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Now, upon the order to show cause and the papers filed in response 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 motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (22 NYCRR 670.4[a][2]); and it is further,
ORDERED that the application is denied as academic.
ENG, P.J., AUSTIN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court