| US Bank National Association v Kinui |
| Motion No: 2017-06788 |
| Slip Opinion No: 2018 NY Slip Op 62021(U) |
| Decided on January 23, 2018 |
| 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
M244713
E/afa
L. PRISCILLA HALL, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
LINDA CHRISTOPHER, JJ.
|
2017-06788 US Bank Bank, National Association, appellant, v Masashi Michael Kinui, et al., respondents, et al., defendants. (Index No. 14756/09)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, entered September 27, 2016, as untimely taken. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
HALL, J.P., AUSTIN, SGROI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court