| DePalma v Roundpoint Mortgage Servicing Corp. |
| Motion No: 2017-07190 |
| Slip Opinion No: 2018 NY Slip Op 75557(U) |
| Decided on June 21, 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
M251583
E/sl
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2017-07190 Carmine DePalma, et al., appellants, v Roundpoint Mortgage Servicing Corp., et al., defendants, Cooperfield Investments, LLC, et al., respondents. (Index No. 52322/14)
| DECISION & ORDER ON MOTION |
Appeal by Carmine DePalma and Sharon Joan DePalma from an order of the Supreme Court, Westchester County, dated May 31, 2017. By decision and order on motion of this Court dated March 23, 2018, the appellants' time to perfect the appeal was enlarged until April 23, 2018. The appellants have failed to perfect the appeal.
Now, on the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of the Court; and it is further,
ORDERED that the motion by the respondent Goshen Mortgage, LLC, to dismiss the appeal on the ground that no appeal lies from an order denying reargument, which was previously held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof by the decision and order on motion of this Court dated March 23, 2018, is denied as academic.
SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court