| Bank of New York Mellon v Mack |
| Motion No: 2018-04476 |
| Slip Opinion No: 2018 NY Slip Op 88242(U) |
| Decided on November 7, 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
M257043
E/afa
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
ANGELA G. IANNACCI, JJ.
|
2018-04476 Bank of New York Mellon, etc., respondent, v Lawrence Mack, appellant, et al., defendants. (Index No. 10932/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a decision of the Supreme Court, Queens County, dated January 3, 2018, for failure to timely perfect. Application by the appellant to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the motion and the application are denied as academic.
BALKIN, J.P., SGROI, COHEN and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court