| U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION |
| Motion No: CA 18-02157 |
| Slip Opinion No: 2018 NY Slip Op 91208(U) |
| Decided on December 10, 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 18-02157
2007-8H, ASSET BACKED NOTES, SERIES 2007-8H,
ASSOCIATION, AS INDENTURE TRUSTEE, FOR LXS 2007-8H, ASSET
| U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, SUCCESSOR IN
INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS
INDENTURE TRUSTEE, FOR LXS PLAINTIFF-RESPONDENT, V ALEXANDER WEISZ, COMMISSIONER OF ADMINISTRATION & FINANCE,
DEFENDANT-APPELLANT, ET AL., DEFENDANTS. ALEXANDER WEISZ, PLAINTIFF, V U.S. BANK NATIONAL ASSOCIATION AS INDENTURE
TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL BACKED NOTES, SERIES 2007-5H,
DEFENDANT. |
Plaintiff-respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 8, 2017, on the ground that appellant failed perfect timely pursuant to 22 NYCRR 1250.10 (a),
Now, upon reading and filing the affirmation of Mindy L. Kallus, Esq., dated November 14, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary (see 22 NYCRR 1250.10 [a]).
Entered: December 10, 2018
Mark W. Bennett, Clerk