Washington Mutual Bank v Baldera
Motion No: 2018-11626
Slip Opinion No: 2018 NY Slip Op 89483(U)
Decided on November 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M257322

E/afa

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2018-11626

Washington Mutual Bank, etc., appellant,

v Jorge Baldera, respondent, et al., defendants.

(Index No. 5076/08)

DECISION & ORDER ON MOTION

Motion by the appellant to deem the notice of appeal from an order of the Supreme Court, Queens County, dated July 31, 2018, to be timely served and filed.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, as untimely taken (see CPLR 5513[a]).

AUSTIN, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court