| Central Mortgage Company v Mendez |
| Motion No: 2017-05939 |
| Slip Opinion No: 2017 NY Slip Op 82039(U) |
| Decided on August 7, 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
M235629
E/afa
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2017-05939 Central Mortgage Company, respondent, v Teofilo Mendez, appellant, et al., defendants. (Index No. 5557/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 10, 2017. Cross motion by the respondent to dismiss the appeal as untimely taken.
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 cross motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the motion is denied as academic.
LEVENTHAL, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court