U.S. Bank National Association v Evans-Tracey
Motion No: 2018-01984
Slip Opinion No: 2019 NY Slip Op 64483(U)
Decided on March 1, 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

M260599

E/mm

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-01984

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

v Heather Evans-Tracey, etc., appellant, et al.,

defendants.

(Index No. 20084/08)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 11, 2017, as untimely taken.

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

ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the motion is otherwise denied as academic.

AUSTIN, J.P., COHEN, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court