| Suntrust Mortgage, Inc. v Foster |
| Motion No: 2017-05296 |
| Slip Opinion No: 2018 NY Slip Op 74222(U) |
| Decided on June 5, 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
M250967
E/afa
REINALDO E. RIVERA, J.P.
ROBERT J. MILLER
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2017-05296 Suntrust Mortgage, Inc., respondent, v Maurice Foster, appellant, et al., defendants. (Index No. 4554/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 28, 2017, on the ground that the appellant is not aggrieved or, in the alternative, to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511; Finegan v Clear Channel Communications, Inc., 22 AD3d 459); and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief and the application for that relief are denied as academic.
RIVERA, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court