| Bank of New York Mellon Corporation v Salvador |
| Motion No: 2018-00597 |
| Slip Opinion No: 2019 NY Slip Op 68220(U) |
| Decided on April 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
M262023
E/mm
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2018-00597 Bank of New York Mellon Corporation, etc., respondent, v Franklin Salvador, et al., appellants, et al., defendants. (Index No. 135691/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated December 6, 2017, on the ground that the right of direct appeal therefrom terminated upon entry of an order and judgment (one paper) in the above-entitled action dated October 26, 2018, or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted, and the appeal from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is otherwise denied as academic.
RIVERA, J.P., BALKIN, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court