| Nationstar Mortgage, LLC v Barton |
| Motion No: 2018-07575 |
| Slip Opinion No: 2019 NY Slip Op 61388(U) |
| Decided on January 23, 2019 |
| 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
M259396
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2018-07575 Nationstar Mortgage, LLC, respondent, v James Barton, Jr., appellant, et al., defendants. (Index No. 7096/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 16, 2018, for failure to timely perfect. Cross motion 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 cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied as unnecessary as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a); and it is further,
ORDERED that the cross motion is denied without prejudice to making a motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a).
DILLON, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court