| JP Morgan Chase Bank USA, National Association v Horowicz |
| Motion No: 2017-02972 |
| Slip Opinion No: 2018 NY Slip Op 62939(U) |
| Decided on January 30, 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
M245394
E/afa
JOHN M. LEVENTHAL, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2017-02972, 2017-02974 JP Morgan Chase Bank USA, National Association, respondent, v David Horowicz, et al., appellants, et al., defendants.
(Index No. 877/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from a decision and an order of the Supreme Court, Rockland County, both dated January 5, 2017, 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 from the decision 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 granted to the extent that the appeal from the order is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]), and the motion is otherwise denied as academic.
LEVENTHAL, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court