Citimortgage, Inc. v Weaver
Motion No: 2017-01462
Slip Opinion No: 2017 NY Slip Op 78193(U)
Decided on June 26, 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

M233492

E/sl

JOHN M. LEVENTHAL, J.P.

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2017-01462

Citimortgage, Inc., respondent,

v Everette Weaver, appellant,

et al., defendants.

(Index No. 18430/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 7, 2016, on the ground that the right of direct appeal terminated upon entry of a certain judgment dated January 12, 2017. Cross motion by the appellant, inter alia, to impose a sanction upon the respondent and its counsel, and to find the respondent in default.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as the judgment attached to the motion papers was entered in an action entitled Onewest Bank v Weaver, pending in the Supreme Court, Dutchess County, under Index No. 83/14; and it is further,

ORDERED that the cross motion is denied.

LEVENTHAL, J.P., LASALLE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court