Landa v Capital One Bank (USA) NA
Motion No: 2017-03122
Slip Opinion No: 2018 NY Slip Op 81473(U)
Decided on August 24, 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

M254264

E/rr

HECTOR D. LASALLE, J.P.

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-03122

Benjamin Landa, respondent,

v Capital One Bank (USA) NA, appellant.

(Index No. 504382/15)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to withdraw certain portions of its brief reffering to an affidavit of Sanjay Mukhi dated September 9, 2016, on an appeal from an order of the Supreme Court, Kings County, dated March 8, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

LASALLE, J.P., CONNOLLY, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court