| Bank of New York v Adeyemi |
| Motion No: 2018-04938 |
| Slip Opinion No: 2019 NY Slip Op 64489(U) |
| Decided on March 4, 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
M260648
E/sl
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
ANGELA G. IANNACCI, JJ.
|
2018-04938 Bank of New York, etc., respondent, v Aderemi I. Adeyemi, appellant, et al., defendants. (Index No. 16985/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Queens County, dated January 10, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to reinstate the appeal, and to extend the time to perfect the appeal. Separate motion by the appellant to stay the sale of the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to stay the sale of the subject premises and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal is denied; and it is further,
ORDERED that the motion to stay the sale of the subject premises is denied as academic.
BALKIN, J.P., AUSTIN, COHEN and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court