Deutsche Bank, N.A. v Rios
Motion No: 2016-05033
Slip Opinion No: 2017 NY Slip Op 88387(U)
Decided on October 10, 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

M238983

E/sl

RUTH C. BALKIN, J.P.

JOSEPH J. MALTESE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2016-05033

Deutsche Bank, N.A., appellant,

v Pedro Rios, et al., respondents.

(Ind. No. 20532/12)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect," dated July 5, 2017, as dismissed an appeal from an order of the Supreme Court, Kings County, dated January 22, 2016, in the above-entitled action pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

BALKIN, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court