Deutsche Bank National Trust Co. v Masters
Motion No: 2016-10273
Slip Opinion No: 2019 NY Slip Op 75161(U)
Decided on July 16, 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

M264365

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2016-10273

Deutsche Bank National Trust Co., etc., respondent,

v James Masters, appellant, et al., defendants.

(Index No. 12217/09)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered June 10, 2016. By order to show cause dated April 30, 2019, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Nassau County, dated January 19, 2017.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied as academic in light of the decision and order on application of this Court dated May 31, 2019, which deemed the appeal withdrawn.

RIVERA, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court