Deutsche Bank National Trust Company v Cesar
Motion No: 2018-00933
Slip Opinion No: 2018 NY Slip Op 82757(U)
Decided on September 7, 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

M254851

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-00933

Deutsche Bank National Trust Company, etc.,

appellant, v Marie Cesar, etc., respondent, et al.,

defendants.

(Index No. 506326/13)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated June 22, 2018, as dismissed an appeal from a decision of the Supreme Court, Kings County, dated October 26, 2017, to deem the notice of appeal from the decision to be a premature notice of appeal from an order of the same court dated April 9, 2018, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

DILLON, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court