| U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS INC. MORTGAGE ASSET-BACKED |
| Motion No: CA 18-02128 |
| Slip Opinion No: 2018 NY Slip Op 90325(U) |
| Decided on December 3, 2018 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-02128
| U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL ASSET
MORTGAGE PRODUCTS INC. MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005-EFC4, PLAINTIFF-APPELLANT, V
WILLIAM T. SUITOR, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on December 18, 2017,
Now, upon reading and filing the affirmation of Joseph F. Battista, Esq., dated November 9, 2018, the notice of motion with proof of service thereof, and the affirmation of James P. Giambrone, Jr., Esq., dated November 27, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before February 4, 2019.
Entered: December 3, 2018
Mark W. Bennett, Clerk