| Thornburg Mortgage Home Loans, Inc. v Fessler |
| Motion No: 2017-01519 |
| Slip Opinion No: 2017 NY Slip Op 87837(U) |
| Decided on October 3, 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
M238719
E/afa
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
ANGELA G. IANNACCI, JJ.
|
2017-01519 Thornburg Mortgage Home Loans, Inc., plaintiff, v Eric Fessler, et al., defendants; U.S. Bank National Association, etc., nonparty-appellant. (Index No. 14349/09)
| DECISION & ORDER ON MOTION |
Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered March 31, 2016. By order to show cause dated August 7, 2017, the parties were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the nonparty-appellant was not aggrieved by the order entered March 31, 2016, and the application was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the application is denied as academic.
RIVERA, J.P., CHAMBERS, DUFFY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court