Appellate Division: Second Judicial Department

M256992

E/afa

REINALDO E. RIVERA, J.P.

MARK C. DILLON

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2018-01817 US Bank Trust N.A., etc., appellant, v Christie Baggee, etc., respondent, et al., defendants. (Index No. 28582/07)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered November 27, 2017, as untimely taken. By decision and order on motion of this Court dated April 25, 2018, the matter was remitted to the Supreme Court, Suffolk County, to hear and report on the issue of whether the judgment was served upon the appellant's counsel by the respondent's counsel with notice of entry, and, if so, when service was effected, and the branch of the motion which is to dismiss the appeal from the judgment was held in abeyance in the interim. Application by the appellant to extend the time to perfect the appeal. The Supreme Court, Suffolk County has filed its report dated October 16, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, and upon the report of the Supreme Court, Suffolk County, dated October 16, 2018, it is

ORDERED that the branch of the motion which is to dismiss the appeal from the judgment is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the application is denied as academic.

RIVERA, J.P., DILLON, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court