| Bank of New York Mellon v Fairbanks |
| Motion No: 2017-01478 |
| Slip Opinion No: 2018 NY Slip Op 86956(U) |
| Decided on October 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. |
Appellate Division: Second Judicial Department
M256757
E/sl
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2017-01478 Bank of New York Mellon, etc., respondent, v Donald Fairbanks, appellant, et al., defendant. (Index No. 10093/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 13, 2017, for failure to timely perfect.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied as unnecessary as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).
BALKIN, J.P., AUSTIN, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court