Deutsche Bank National Trust Company v Smith
Motion No: 2016-05580
Slip Opinion No: 2018 NY Slip Op 86806(U)
Decided on October 23, 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

M256477

E/afa

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2016-05580

Deutsche Bank National Trust Company,

etc., respondent, v Vickie Smith, et al.,

appellants, et al., defendants.

(Index No. 8095/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered January 28, 2016, for failure to timely perfect in accordance with a decision and order on motion of this Court dated June 30, 2017. Cross motion by the appellants to enlarge the time to perfect the appeal.

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

ORDERED that the cross motion is denied; and it is further,

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

LEVENTHAL, J.P., SGROI, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court