| Flushing Bank v Harmony Holding Group, LLC |
| Motion No: 2018-05548 |
| Slip Opinion No: 2019 NY Slip Op 64588(U) |
| Decided on March 5, 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
M260670
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2018-05548 Flushing Bank, plaintiff-respondent, v Harmony Holding Group, LLC, et al., appellants, Meritus Ventures, L.P., defendant-respondent, et al., defendants; Carmichael JY, L.P., nonparty-respondent. (Index No. 603526/17)
| DECISION & ORDER ON MOTION |
Motion by the defendants/counterclaim plaintiffs-appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Nassau County, entered March 12, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a) and to extend the time to perfect the appeal. Cross motion by the plaintiff-respondent and counterclaim defendant-respondent to dismiss the appeal on the ground that it has been rendered academic.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is denied as academic.
RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court