Appellate Division: Second Judicial Department

M256836

E/mm

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2017-01943 JPMorgan Chase Bank, N.A., appellant, v Anthony Corbin, et al., defendants-respondents; Devon Anthony Borwn, nonparty-respondent. (Index No. 14109/07)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue a prior motion to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 6, 2013, and its motion to enlarge the time to perfect the appeal, which were determined by decision and order on motion of this Court dated January 5, 2018.

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

ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated January 5, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor, and the motion is otherwise denied:

Motion by the nonparty-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 6, 2013, in effect, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted. Separate motion by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the nonparty-respondent's motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the appellant's motion is denied as academic.

BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court