Citimortgage, Inc. v Chako
Motion No: 2018-04610
Slip Opinion No: 2018 NY Slip Op 83333(U)
Decided on September 14, 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

M255303

E/mm

MARK C. DILLON, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-04610

Citimortgage, Inc., respondent,

v David Chako, et al., appellants,

et al., defendant.

(Index No. 61360/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered January 25, 2018, on the ground that consideration of the issues presented by the appeal are precluded by the dismissal of two prior related appeals for failure to timely perfect.

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.

DILLON, J.P., ROMAN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court