Central Mortgage Company v Mendez
Motion No: 2017-05939
Slip Opinion No: 2017 NY Slip Op 95040(U)
Decided on December 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M242895

E/ct

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 to recall and vacate a decision and order on motion of this Court dated August 7, 2017, which dismissed an appeal from an order of the Supreme Court, Queens County, dated March 10, 2017, as untimely taken, and, in effect, to stay the sale of the subject premises, pending hearing and determination of 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.

LEVENTHAL, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court