US Bank National Association, as trustee for CSMC Mortgage-Backed Pa
Motion No: 2017-01714
Slip Opinion No: 2017 NY Slip Op 95417(U)
Decided on December 13, 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

M242063

E/ct

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

VALERIE BRATHWAITE NELSON, JJ.

2017-01714

US Bank National Association, as trustee

for CSMC Mortgage-Backed Pass Through

Certificates, Series 2006-4, respondent, v Fariz

U. Khan, appellant, et al., defendants.

(Index No. 23398/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a decision of the Supreme Court, Queens County, dated January 28, 2016, for failure to timely perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is denied as academic.

AUSTIN, J.P., ROMAN, SGROI and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court