| Herrera v Mendez |
| Motion No: 2017-07121 |
| Slip Opinion No: 2017 NY Slip Op 85564(U) |
| Decided on September 11, 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
M237378
E/sl
RANDALL T. ENG, P.J.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2017-07121 Edgar Herrera, respondent, v Teofilo Mendez, et al., appellants. (Index No. 17323/12)
| DECISION & ORDER ON MOTION |
Motion by the appellants, 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, entered June 6, 2017. Cross motion by the respondent to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation 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.
ENG, P.J., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court