Wells Fargo Bank, N.A. v Rooney
Motion No: 2015-10493
Slip Opinion No: 2019 NY Slip Op 67400(U)
Decided on April 8, 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

M261660

E/mm

REINALDO E. RIVERA, J.P.

MARK C. DILLON

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2015-10493

Wells Fargo Bank, N.A., respondent,

v Timothy M. Rooney, appellant,

et al., defendants.

(Index No. 10167/09)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated September 18, 2015. By order to show cause dated February 7, 2019, the parties to the appeal were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the Supreme Court, Dutchess County, dated April 4, 2016, in the above-entitled action.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241).

RIVERA, J.P., DILLON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court