| U.S. Bank Trust, N.A. v IPA Asset Management, LLC |
| Motion No: 2018-00259 |
| Slip Opinion No: 2018 NY Slip Op 87788(U) |
| Decided on November 2, 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
M256485
E/mm
CHERYL E. CHAMBERS, J.P.
SANDRA L. SGROI
BETSY BARROS
ANGELA G. IANNACCI, JJ.
|
2018-00259 U.S. Bank Trust, N.A., etc., respondent, v IPA Asset Management, LLC, appellant, et al., defendants. (Index No. 70053/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated October 12, 2017, for failure to timely perfect. Separate motion by the appellant to vacate the dismissal of the appeal pursuant to 22 NYCRR 1250.10(c), to extend the time to perfect the appeal, and to stay the foreclosure sale of the subject premises.
Upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the appellant's motion which is to vacate the dismissal of the appeal is denied; and it is further,
ORDERED that the appellant's motion is otherwise denied as academic; and it is further,
ORDERED that the respondent's motion is denied as unnecessary as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).
CHAMBERS, J.P., SGROI, BARROS and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court