Wells Fargo Bank, NA v Cody
Motion No: 2017-08514
Slip Opinion No: 2018 NY Slip Op 74097(U)
Decided on June 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M250871

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2017-08514

Wells Fargo Bank, NA, etc., respondent,

v Willie Cody, appellant, et al., defendants.

(Index No. 15427/10)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 31, 2016.

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, as the order dated March 31, 2016, did not decide the motion and the cross motion, which remain pending and undecided (see Katz v Katz, 68 AD2d 536, 544); and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., MALTESE, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court