| Wilmington Savings Fund Society, FSB v Albo |
| Motion No: 2018-09400 |
| Slip Opinion No: 2019 NY Slip Op 65661(U) |
| Decided on March 18, 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
M261079
E/htr
LEONARD B. AUSTIN, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
LINDA CHRISTOPHER, JJ.
|
2018-09400 Wilmington Savings Fund Society, FSB, respondent, v Dennis Albo, et al., appellants, et al., defendants.
(Index No. 505161/14)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Kings County, dated June 13, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to stay their eviction from the subject premises, pending hearing and determination of the appeal. Cross motion by nonparty 77st Bay IG, LLC, to dismiss the appeal for failure to timely perfect. Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the cross motion is dismissed as 77st Bay IG, LLC, is not a party to the appeal and lacks standing to make the cross motion; and it is further,
ORDERED that the application is denied as academic.
AUSTIN, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court