Wells Fargo Bank, N.A. v Bender
Motion No: 2015-04708
Slip Opinion No: 2017 NY Slip Op 77604(U)
Decided on June 20, 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

M232941

E/afa

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

SANDRA L. SGROI

JOSEPH J. MALTESE, JJ.

2015-04708

Wells Fargo Bank, N.A., respondent,

v George J. Bender, appellant, et al.,

defendants.

(Index No. 705570/13)

DECISION & ORDER ON MOTION

Appeal by George J. Bender from an order of the Supreme Court, Queens County, entered April 8, 2015. By order to show cause dated April 13, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated with entry of the final judgment dated April 6, 2017, in the above-entitled action.

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 Matter of Aho, 39 NY2d 241).

ENG, P.J., LEVENTHAL, SGROI and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court