| BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVING, LP V |
| Motion No: CA 17-01441 |
| Slip Opinion No: 2017 NY Slip Op 85832(U) |
| Decided on September 11, 2017 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-01441
| BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVING, LP, PLAINTIFF-RESPONDENT, V SANDRA B. SPENCER, DEFENDANT-APPELLANT, ET AL.,
DEFENDANTS. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Livingston on April 19, 2017, on the ground that the appeal was untimely taken pursuant to CPLR 5513 (a),
Now, upon reading and filing the affirmation of Larry T. Powell, Esq., dated August 9, 2017, the notice of motion with proof of service thereof, and the affirmation of Amaris Elliott-Engel, Esq., dated August 23, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied (see CPLR 55313 [d]).
Entered: September 11, 2017
Frances E. Cafarell, Clerk