U.S. Bank National Association v Mendez
Motion No: 2018-00442
Slip Opinion No: 2019 NY Slip Op 63352(U)
Decided on February 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M260191

E/sl

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2018-00442

U.S. Bank National Association, etc., respondent,

v Jorge Mendez, etc., appellant, et al, defendants.

(Index No. 14303/13)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered September 28, 2017, for failure to comply with a decision and order on motion of this Court dated November 2, 2018.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal for failure to comply with a decision and order on motion of this Court dated November 2, 2018, is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

LEVENTHAL, J.P., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court